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Title
Rules and Forms | Civil Practice and Procedure: Rules and Forms to Implement Changes in Law Regarding Civil Summons
(Action Required)
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Summary
Summary
Assembly Bill 747 (Stats. 2025, ch. 563) and Senate Bill 85 (Stats. 2025, ch. 403) make numerous changes to the laws regarding service and proof of service of summons in civil actions. The Civil and Small Claims Advisory Committee recommends amending four rules, adopting 2 mandatory forms, approving 1 optional form, and revising 13 forms to implement AB 747 and SB 85. The committee also recommends changes to these rules and forms to improve clarity and readability.
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Recommendation
Recommendation
The Civil and Small Claims Advisory Committee recommends that the Judicial Council, effective January 1, 2027, take the following actions to implement Assembly Bill 747 and Senate Bill 85:
1. Amend California Rules of Court, rules 2.150, 3.1150, 3.1160, and 3.1372.
2. Adopt the following forms:
a. Request for Alternative Service (form CH 205/EA-205); and
b. Proof of Alternative Service-Restraining Order (form POS-060).
3. Approve Declaration of Diligence-Service of Summons (form POS-012).
4. Revise the following forms:
a. Statement of Damages (Personal Injury or Wrongful Death) (form CIV-050);
b. Request for Entry of Default (Application to Enter Default) (form CIV-100);
c. Request for Entry of Default (Fair Debt Buying Practices Act) (form CIV-105);
d. Notice of Entry of Judgment on Sister-State Judgment (form EJ-110);
e. Notice of Application for Recognition and Entry of Tribal Court Money Judgment (form EJ-115);
f. Proof of Service of Order to Show Cause (Change of Name) (form NC-121);
g. Proof of Service of Order to Show Cause (Change of Name or Gender to Conform to Gender Identity) (form NC 221/NC-321/NC-521);
h. Proof of Service of Summons (form POS-010);
i. Proof of Service (form SC-104);
j. Proof of Mailing (Substituted Service) (form SC-104A); and
k. What Is “Proof of Service”? (form SC-104B).
5. Revise Order Granting Alternative Service (form CH-117) and renumber as form CH-117/ EA-117.
6. Revise What if the Person I Want Protection From is Avoiding (Evading) Service or Cannot Be Located? (form CH-205-INFO) and renumber and retitle as What if I Am Unable to Have the Person I Want Protection From Personally Served? (form CH 205-INFO/EA-205-INFO).
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