CRC Rule 5.68 - 'Service of Family Law Summons, Petition & Response'


Title 5. Family and Juvenile Rules

Division 1. Family Rules

Chapter 4. Starting and Responding to a Family Law Case; Service of Papers

Article 4. Manner of Service

Rule 5.68. Manner of service of summons and petition; response; jurisdiction

(a) Service of summons and petition

The petitioner must arrange to serve the other party with a summons, petition, and other papers as required by one of the following methods:

(1) Personal service (Code Civ. Proc. 415.10);

(2) Substituted service (Code Civ. Proc. 415.20);

(3) Service by mail with a notice and acknowledgment of receipt (Code Civ. Proc. 415.30);

(4) Service on person outside of the state (Code Civ. Proc. 415.40);

(5) Service on person residing outside of the United States which must be done in compliance with service rules of the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters; or

(6) Service by posting or publication (Code Civ. Proc., 415.50 and 413.30).

(b) Service of response to petition

A response to a family law petition may be served by the methods described in (a) but may also be served by mail without notice and acknowledgment of receipt.

(c) Continuing jurisdiction

The court has jurisdiction over the parties and control of all subsequent proceedings from the time of service of the summons and a copy of the petition. A general appearance of the respondent is equivalent to personal service within this state of the summons and a copy of the petition upon him or her.

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