Code Civ. Proc., § 1013 · Chapter 5. Notices, and Filing and Service of Papers
Code Civ. Proc., § 1013
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) In case of service by mail, the notice or other paper shall be deposited in a post office, mailbox, subpost office, substation, or mail chute, or other like facility regularly maintained by the United States Postal Service, in a sealed envelope, with postage paid, addressed to the person on whom it is to be served, at the office address as last given by that person on any document filed in the cause and served on the party making service by mail; otherwise at that party’s place of residence. Service is complete at the time of the deposit, but any period of notice and any right or duty to do any act or make any response within any period or on a date certain after service of the document, which time period or date is prescribed by statute or rule of court, shall be extended five calendar days, upon service by mail, if the place of address and the place of mailing is within the State of California, 10 calendar days if either the place of mailing or the place of address is outside the State of California but within the United States, 12 calendar days if the place of address is the Secretary of State’s address confidentiality program (Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code), and 20 calendar days if either the place of mailing or the place of address is outside the United States, but the extension shall not apply to extend the time for filing notice of intention to move for new trial, notice of intention to move to vacate judgment pursuant to Section 663a, or notice of appeal. This extension applies in the absence of a specific exception provided for by this section or other statute or rule of court.
(b) The copy of the notice or other paper served by mail pursuant to this chapter shall bear a notation of the date and place of mailing or be accompanied by an unsigned copy of the affidavit or certificate of mailing.
(c) In case of service by Express Mail, the notice or other paper shall be deposited in a post office, mailbox, subpost office, substation, or mail chute, or other like facility regularly maintained by the United States Postal Service for receipt of Express Mail, in a sealed envelope, with Express Mail postage paid, addressed to the person on whom it is to be served, at the office address as last given by that person on any document filed in the cause and served on the party making service by Express Mail; otherwise at that party’s place of residence. In case of service by another method of delivery providing for overnight delivery, the notice or other paper shall be deposited in a box or other facility regularly maintained by the express service carrier, or delivered to an authorized courier or driver authorized by the express service carrier to receive documents, in an envelope or package designated by the express service carrier with delivery fees paid or provided for, addressed to the person on whom it is to be served, at the office address as last given by that person on any document filed in the cause and served on the party making service; otherwise at that party’s place of residence. Service is complete at the time of the deposit, but any period of notice and any right or duty to do any act or make any response within any period or on a date certain after service of the document served by Express Mail or other method of delivery providing for overnight delivery shall be extended by two court days. The extension shall not apply to extend the time for filing notice of intention to move for new trial, notice of intention to move to vacate judgment pursuant to Section 663a, or notice of appeal. This extension applies in the absence of a specific exception provided for by this section or other statute or rule of court.
(d) The copy of the notice or other paper served by Express Mail or another means of delivery providing for overnight delivery pursuant to this chapter shall bear a notation of the date and place of deposit or be accompanied by an unsigned copy of the affidavit or certificate of deposit.
(e) Service by facsimile transmission shall be permitted only where the parties agree and a written confirmation of that agreement is made. The Judicial Council may adopt rules implementing the service of documents by facsimile transmission and may provide a form for the confirmation of the agreement required by this subdivision. In case of service by facsimile transmission, the notice or other paper shall be transmitted to a facsimile machine maintained by the person on whom it is served at the facsimile machine telephone number as last given by that person on any document which they have filed in the cause and served on the party making the service. Service is complete at the time of transmission, but any period of notice and any right or duty to do any act or make any response within any period or on a date certain after service of the document, which time period or date is prescribed by statute or rule of court, shall be extended, after service by facsimile transmission, by two court days, but the extension shall not apply to extend the time for filing notice of intention to move for new trial, notice of intention to move to vacate judgment pursuant to Section 663a, or notice of appeal. This extension applies in the absence of a specific exception provided for by this section or other statute or rule of court.
(f) The copy of the notice or other paper served by facsimile transmission pursuant to this chapter shall bear a notation of the date and place of transmission and the facsimile telephone number to which transmitted, or to be accompanied by an unsigned copy of the affidavit or certificate of transmission which shall contain the facsimile telephone number to which the notice or other paper was transmitted.
(g) Electronic service shall be permitted pursuant to Section 1010.6 and the rules on electronic service in the California Rules of Court.
(h) Subdivisions (b), (d), and (f) are directory.
Notes and commentary — not statutory text
History
Amended by Stats. 2022, Ch. 686, Sec. 2. (AB 1726) Effective January 1, 2023.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=1013.
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This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Code of Civil Procedure
Cited by 91 provisions
Provisions in this library whose text cites Code Civ. Proc., § 1013; the first 50 in book order. Each shows the citation as that text prints it.
Business and Professions Code
Code of Civil Procedure
- Code Civ. Proc., § 96Printed as Section 1013
- Code Civ. Proc., § 116.140Printed as Section 1013
- Code Civ. Proc., § 170.3Printed as Section 1013
- Code Civ. Proc., § 413.20Printed as Section 1013
- Code Civ. Proc., § 437cPrinted as Sections 1005 and 1013
- Code Civ. Proc., § 488.460Printed as Section 1013
- Code Civ. Proc., § 594Printed as Section 1013
- Code Civ. Proc., § 659Printed as Section 1013
- Code Civ. Proc., § 663aPrinted as Section 1013
Family Code
- Fam. Code, § 3764Printed as Section 1013 of the Code of Civil Procedure
- Fam. Code, § 4204Printed as Section 1013 of the Code of Civil Procedure
- Fam. Code, § 5232Printed as Section 1013 of the Code of Civil Procedure
- Fam. Code, § 5601Printed as Section 1013 of the Code of Civil Procedure
- Fam. Code, § 5603Printed as Section 1013 of the Code of Civil Procedure
Insurance Code
- Ins. Code, § 676.2Printed as Section 1013 of the Code of Civil Procedure
- Ins. Code, § 676.8Printed as Section 1013 of the Code of Civil Procedure
- Ins. Code, § 677.2Printed as Section 1013 of the Code of Civil Procedure
- Ins. Code, § 677.4Printed as Section 1013 of the Code of Civil Procedure
- Ins. Code, § 678Printed as Section 1013 of the Code of Civil Procedure
- Ins. Code, § 678.1Printed as Section 1013 of the Code of Civil Procedure
Labor Code
- Lab. Code, § 98.2Printed as Section 1013 of the Code of Civil Procedure
- Lab. Code, § 98.74Printed as Section 1013 of the Code of Civil Procedure
- Lab. Code, § 226.5Printed as Section 1013 of the Code of Civil Procedure
- Lab. Code, § 1023Printed as Section 1013 of the Code of Civil Procedure
- Lab. Code, § 1197.1Printed as Section 1013 of the Code of Civil Procedure
- Lab. Code, § 1289Printed as Section 1013 of the Code of Civil Procedure
- Lab. Code, § 1741Printed as Section 1013 of the Code of Civil Procedure
- Lab. Code, § 1742Printed as Section 1013 of the Code of Civil Procedure
- Lab. Code, § 1771.6Printed as Section 1013 of the Code of Civil Procedure
- Lab. Code, § 1773.3Printed as Section 1013 of the Code of Civil Procedure
- Lab. Code, § 1773.35Printed as Section 1013 of the Code of Civil Procedure
- Lab. Code, § 2664Printed as Section 1013 of the Code of Civil Procedure
- Lab. Code, § 2681Printed as Section 1013 of the Code of Civil Procedure
Public Resources Code
Unemployment Insurance Code
California Rules of Court
- Cal. Rules of Court, rule 2.306Service of papers by fax transmissionPrinted as Code of Civil Procedure section 1013(a)
- Cal. Rules of Court, rule 3.823Rules of evidence at arbitration hearingPrinted as Code of Civil Procedure section 1013
- Cal. Rules of Court, rule 3.1327Motions to quash or to stay action in summary proceeding involving possession of real propertyPrinted as Code of Civil Procedure sections 1010, 1010.6, 1011, 1012, and 1013 | Code of Civil Procedure sections 1010.6 or 1013 and 1167.4
- Cal. Rules of Court, rule 3.1347Discovery motions in summary proceeding involving possession of real propertyPrinted as Code of Civil Procedure sections 1010, 1010.6, 1011, 1012, and 1013 | Code of Civil Procedure sections 1010.6 or 1013 and 1170.8
- Cal. Rules of Court, rule 3.1351Motions for summary judgment in summary proceeding involving possession of real propertyPrinted as Code of Civil Procedure sections 1010, 1010.6, 1011, 1012, and 1013 | Code of Civil Procedure sections 1010.6 or 1013 and 1170.7
- Cal. Rules of Court, rule 3.1362Motion to be relieved as counselPrinted as Code of Civil Procedure section 1013
- Cal. Rules of Court, rule 3.1548Pretrial submissions for voluntary expedited jury trialsPrinted as Code of Civil Procedure sections 1010.6, 1011, 1012, and 1013
- Cal. Rules of Court, rule 3.1700Prejudgment costsPrinted as Code of Civil Procedure section 1013
- Cal. Rules of Court, rule 5.618Placement in short-term residential therapeutic program (§§ 361.22, 727.12)Printed as Code of Civil Procedure section 1013(a)
- Cal. Rules of Court, rule 7.2210General provisionsPrinted as Code of Civil Procedure sections 1010.6 and 1013
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