Form POS-040: Proof of Service—Civil (Judicial Council of California)
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Form POS-040, Proof of Service—Civil (Rev. January 1, 2020), is the Judicial Council of California form used to prove that court papers in a civil case — such as a motion, opposition, declaration (Form MC-030), continuation attachment (Form MC-025), or case management statement — were served on the other parties by an adult (age 18 or older) who is NOT a party to the action. It covers personal service, mail, overnight delivery, messenger, fax, and electronic service (or use POS-050/EFS-050 for dedicated electronic service, and POS-010 for a Summons and Complaint). Because the official Judicial Council PDF is an Adobe LiveCycle XFA file that triggers the "Please wait..." screen in Chrome, Safari, and Mac Preview, JustFill lets you fill POS-040 cleanly in any browser and download a court-ready PDF.
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Filing a motion, declaration (Form MC-030), or response in a California Superior Court civil case and need to file Proof of Service? Under the California Code of Civil Procedure (§§ 1011, 1013, 1013a, 2015.5), a party to a lawsuit cannot serve their own court papers. Instead, someone who is at least 18 years old and not a party to the action delivers, mails, or transmits the copies and signs Form POS-040 under penalty of perjury. JustFill eliminates the Adobe LiveCycle XFA "Please wait..." error on the Judicial Council POS-040 PDF so self-represented litigants, paralegals, and law firms can complete Pages 1–3 in the browser and export a flattened PDF ready for California court e-filing portals.
The Judicial Council of California publishes Form POS-040 (Rev. January 1, 2020, Form Approved for Optional Use, 3 pages including instructions on Page 2–3) at courts.ca.gov/documents/pos040.pdf. Because the Judicial Council file is an Adobe LiveCycle XFA PDF that shows "Please wait... If this message is not eventually replaced" in Chrome, Edge, Safari, and macOS Preview, click "Fill the blank POS-040 now" above to open an interactive POS-040 worksheet in JustFill, or upload your POS-040 PDF to complete and flatten it for court e-filing.
What each section of POS-040 asks for. JustFill’s AI will detect these fields automatically when you upload the PDF — review the breakdown below so you know what to enter.
Filing party's or attorney's name, State Bar number, address, phone, and email; Superior Court county and courthouse address; Plaintiff/Petitioner, Defendant/Respondent; Case Number; and optional Hearing Date, Time, and Department.
Confirms the server is over 18 and not a party to the action (Item 1), gives the server's residence or business address (Item 2), and lists the exact title of every document served (Item 3 — or checks the box for Attachment POS-040(D) if the list is long).
Date and (when applicable) time of service, plus the name and physical/mailing/fax/electronic service address of the person served (or check the box for Attachment POS-040(P) when serving multiple parties/attorneys).
Selects how the documents were served: 5a Personal Service (with details if left at an attorney's office or party's residence), 5b United States Mail (direct deposit or ordinary business practice for collection and mailing), 5c Overnight Delivery, 5d Messenger Service, 5e Fax Transmission, or 5f Electronic Service.
Server's printed name, date, and signature under penalty of perjury under the laws of the State of California (plus an optional non-perjury certificate block for a California sheriff or marshal).
In a fictional Sacramento County Superior Court civil case, an adult non-party friend (Marcus Sample) mails copies of the defendant's Notice of Motion to Continue Trial and Declaration on Form MC-030 to the plaintiff's attorney via first-class U.S. Mail and completes Form POS-040.
Jane Sample (In Pro Per), 100 Sample St, Sacramento, CA 95814 · Superior Court of California, County of Sacramento · Sample Property Management LLC v. Jane Sample · Case No. 26CV•••••• · Hearing: 10/12/2026, Dept. 53
Matches the caption of the motion and Form MC-030 declaration being served.
Item 2 Server Address: 450 Sample Oak Ave, Sacramento, CA 95816 · Item 3 Documents: (1) Defendant's Notice of Motion and Motion to Continue Trial; (2) Declaration of Jane Sample in Support of Motion (Form MC-030)
Lists the server's address and the exact title of every document placed in the envelope.
Item 4: Served on 09/02/2026 to Richard Roe, Esq., Counsel for Plaintiff, 800 Sample Mall Suite 400, Sacramento, CA 95814 · Item 5b ☑ By United States mail · ☑ 5b(1) Enclosed in a sealed envelope and deposited with USPS with postage fully prepaid in Sacramento, CA
Because the server personally dropped the stamped envelope at the post office in Sacramento, Item 5b(1) applies.
Dated: September 2, 2026 · MARCUS SAMPLE · Signed by Marcus Sample (Non-party adult server)
Must be signed under penalty of perjury by the non-party adult who performed the mailing — never by the party in the case.
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Form MC-025: Attachment to Judicial Council Form
Form MC-030: Declaration
Form MC-031: Attached Declaration
Form CM-010: Civil Case Cover Sheet
Form FL-150: Income and Expense Declaration
Form DE-111: Petition for Probate (Probate—Decedents Estates)
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Official source: POS-040 on Judicial Council of California’s website
Edition checked: POS-040 [Rev. January 1, 2020] — Proof of Service—Civil, Judicial Council of California (Form Approved for Optional Use, Code of Civil Procedure §§ 1011, 1013, 1013a, 2015.5; Cal. Rules of Court, rule 2.306). Verified against the official source on · Verified in our Government Forms Fillability Study.
Form POS-040 is published by the Judicial Council of California. JustFill is not affiliated with the Judicial Council or any California court.
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