FL-335 Proof of Service by Mail

Jurisdiction: Country: United States | Province/State: California

What is a FL-335 Proof of Service by Mail?

FL-335 is a Judicial Council form used in California family law cases. It tells the court that someone mailed specific case documents to another party. It belongs to the Superior Court of California and is accepted in all counties.

The form is a sworn statement by the person who did the mailing. That person must be at least 18 and not a party to the case. They list what was mailed, to whom, when, and from where. They also confirm the postage was prepaid and the envelope was sealed. They then sign under penalty of perjury.

You typically use this form after the case has started. It covers documents that may be served by mail instead of in person. This includes many routine family law filings. Examples include a Responsive Declaration to Request for Order, an Income and Expense Declaration, or supporting declarations. It also covers notices, updated exhibits, and many financial statements.

Self-represented litigants use this form often. So do attorneys, paralegals, and legal staff. The Department of Child Support Services and county counsel also use it in child support cases. If you are the one filing documents, you do not complete or sign FL-335 yourself. Your server does. You then file the signed original with the court.

You need this form when your proof of service must show mail service. The court cannot act on many filings without a valid proof of service. If you plan to attend a hearing, the judge may not proceed if service is defective. Filing FL-335 tells the court you followed the mail service rules. It helps preserve your hearing date and your requested relief.

Typical usage scenarios

You need to deliver your Response to an RFO and your financials. You mail the papers to the other side’s attorney and keep the postmark date. Your server fills out FL-335 the same day. Or you file a request to continue a hearing and send it by mail. The server completes FL-335 and returns it to you for filing. Or you exchange updated Income and Expense Declarations before a support hearing. Your assistant mails the update and signs FL-335 to document the mailing.

You should not use FL-335 for documents that require personal service. The initial Summons and Petition must be personally served. Domestic violence restraining order papers require personal service unless the court orders otherwise. Time‑sensitive orders can also require personal service. Always verify whether the specific document can be served by mail before using FL-335.

When Would You Use a FL-335 Proof of Service by Mail?

You use FL-335 when mail service is permitted for the document you are sending. This is common in ongoing divorce, legal separation, parentage, or support cases. After the initial papers are served, many later filings can go by mail. The court needs proof that those documents were mailed. FL-335 provides that proof in a simple, standard format.

Consider everyday examples. You schedule a hearing with a Request for Order in a custody case. You choose to serve the moving papers by mail, and you allow the added mailing time. Your server mails the packet to the other parent’s address of record. They then complete FL-335, listing each document mailed and the date and city of mailing. You file FL-335 so the court can confirm service before the hearing.

Or you are the responding party. You prepare a Responsive Declaration and an Income and Expense Declaration. You serve them by mail to the moving party’s attorney. Your legal assistant mails the packet and signs FL-335. You file it right away, so your response is considered timely and in proper form.

You might also use FL-335 for updates and supplements. You send updated financials, amended exhibits, or supporting declarations. You mail them to all other parties or their attorneys. Your server completes one FL-335 for that mailing and files it.

If the other party has an attorney of record, you serve the attorney by mail. If they do not, you serve the party directly at their address of record. If there are multiple parties, you must mail to each one. You can list all recipients on an attachment to FL-335, or use separate forms.

Mail service adds time to most deadlines. You need to calculate that time before choosing to mail. Service by mail within California adds days to the notice period. Service outside California adds more time. Service outside the United States adds even more. Choose mail only if the added time still meets your deadline.

Parties who typically use FL-335 include spouses in divorce, parents in custody cases, and litigants in support matters. Attorneys and legal staff use it daily. DCSS staff use it in government support cases. It is not a landlord‑tenant form and not used in civil or criminal cases. It is designed for family law in the Superior Court of California.

Legal Characteristics of the FL-335 Proof of Service by Mail

FL-335 is a sworn declaration that supports the court’s jurisdiction to proceed. It shows that the other party received notice of your filings by U.S. mail. California law allows service by mail for many family law documents. The court relies on FL-335 to confirm that service occurred and that due process is respected.

Is it legally binding?

It is legally binding because the server signs under penalty of perjury. The server declares they are over 18, not a party, and that they mailed the documents as stated. A willful false statement exposes the signer to penalties and possible sanctions. The court treats the declaration as evidence of service. If challenged, the court may hold an evidentiary hearing. The quality and detail of FL-335 will matter in any dispute.

Enforceability comes from proper completion and compliance with service rules. The server must be qualified. The documents served must be eligible for mail service. The mailing must use first‑class postage, fully prepaid. It must be addressed to the correct address of record. The form must list each document served by title. It must show the date of mailing and the city and state where mailed. The server must sign and date the declaration.

If FL-335 is incomplete or incorrect, the court can find service invalid. A judge may continue or drop a hearing. The court can refuse to consider late or improperly served papers. Orders may also be set aside if entered without proper notice. That risk is avoidable with careful service and a complete FL-335.

There are general legal considerations. You cannot serve your own papers by mail. Someone else must do it. If the party has an attorney, you must serve the attorney. If you serve by mail, you must allow the extra mailing days required by law. Some documents require personal service and cannot go by mail. If the court orders a specific method of service, follow that order.

Mail service is complete at the time of mailing. That date controls your timing calculations. Keep mailing receipts or a certificate of mailing as a best practice, though not required. If the mail is returned undelivered, service by mail likely failed. You must correct the address or choose another method and re‑serve. FL-335 does not cure a bad address or a prohibited method of service.

How to Fill Out a FL-335 Proof of Service by Mail

Follow these steps to complete FL-335 accurately and avoid delays.

Confirm that mail service is allowed for your documents.

Some papers must be personally served. Initial Summons and Petition cannot be served by mail. Domestic violence restraining orders usually require personal service. If in doubt, review the instructions on the document you plan to serve. Use FL-335 only for documents that may be served by mail.

Choose your server.

The server must be 18 or older and not a party to the case. A friend, coworker, or legal assistant can serve by mail. You cannot mail your own papers. If multiple mailings occur, the server can be the same person each time.

Prepare the mailing.

The server places the documents in a sealed envelope. The server addresses it to the party’s attorney of record, or to the party directly if self‑represented. Use the address on file with the court, or the most recent address of record. The server affixes first‑class postage, fully prepaid. The server can mail by depositing at a post office or mail drop. Certified mail is not required unless the court ordered it. Keep a copy of everything that is mailed.

Complete the caption at the top of FL-335.

In the “Attorney or Party Without Attorney” block, enter your name and contact information. If you have an attorney, they will fill in their information. This top block identifies who is filing the proof, not the server. Enter the court’s name and address. This is the Superior Court of California, County of [your county]. Use the same courthouse address as your case. Enter the Petitioner and Respondent names exactly as on your case. If there is an “Other Parent/Party,” list that person as well. Enter the case number.

Fill out Item 1.

The server confirms they are 18 or older and not a party. Do not check this box if you are a party. If you are a party, stop and find a qualified server.

Fill out Item 2.

The server enters their residence or business address. This identifies the person who did the mailing. Use a complete address, including city, state, and ZIP code.

Fill out Item 3.

The server checks how the envelope was mailed. Option (a) is “deposited with the United States Postal Service.” Option (b) is “placed for collection and mailing in the ordinary course of business.” Option (b) is used when a business mailing system is used. Choose the option that matches the actual mailing process.

Fill out Item 4.

The server lists the person served and the mailing details. Enter the full name of the person served. If serving an attorney, enter the attorney’s name. Enter the complete mailing address. Enter the date of mailing. Enter the city and state where the envelope was mailed. This is the location of the post office or mail drop used.

List the documents served in Item 5.

Use the exact titles and form numbers. Examples include “Request for Order (FL‑300),” “Responsive Declaration to Request for Order (FL‑320),” “Income and Expense Declaration (FL‑150),” “Property Declaration (FL‑160),” or “Supporting Declaration (MC‑030).” If you mailed blank responsive forms, list those as well. Write “Blank Responsive Declaration (FL‑320)” if required to include a blank copy. If you served multiple documents, list each one. Do not generalize with “case documents.” Precision helps avoid disputes.

If you served more than one person, use an attachment.

List each person’s name and complete address. Title the attachment “Additional Persons Served.” Identify it as an attachment to FL‑335. Many courts accept a clean sheet with the same headings. Make sure the attachment clearly ties to the form and case number.

Sign and date the declaration. Only the server signs.

The server prints their name and signs under penalty of perjury. The date should match or follow the mailing date. Do not sign before the mailing occurs. Do not have the party sign. The court will reject a proof signed by a party.

Make copies and file.

The server gives the signed original FL‑335 to you. Make at least one copy for your records. File the original with the court as soon as possible. Some judges require filing days before the hearing. If you cannot file in time, bring a filed or endorsed copy to the hearing. If your court uses e‑filing, upload the signed PDF and keep the original in your file.

Coordinate proof of service with your deadlines.

Mail adds time to most notice requirements. Service by mail within California adds several calendar days. Service outside California adds more. Service outside the United States adds even more. Count backward from the hearing date and account for the additional days. If the mail will not meet the deadline, switch to personal service and use the proper personal service proof.

Avoid common mistakes.

Do not serve your own papers. Do not leave Item 4 blank. Do not forget the city and state of mailing. Do not list the wrong case number. Do not abbreviate document titles in a way that is unclear. Do not file proof for documents that require personal service. If the mailing is returned undelivered, do not assume service was valid. Re‑serve at a reliable address and file a new FL‑335.

Handle special addresses with care.

If the other party has an attorney, serve the attorney. If the other party updated their address, use the new address of record. If the other party is incarcerated, use the facility’s legal mail address. If a protective order limits contact, serve the attorney or approved address only. If privacy concerns exist, consider alternate service methods allowed by court order.

If there are multiple parties, ensure service on all. For example, in a child support case involving a local agency, you may need to mail the agency and the other parent. Use one FL‑335 listing both recipients on an attachment, or separate FL‑335 forms. Missing a required recipient can undermine service and delay your hearing.

Keep your records organized.

Save a copy of the mailed documents, the addressed envelope, and the stamped FL‑335. If the other side claims non‑receipt, your records and the server’s declaration will help. If needed, the server can testify about the mailing.

Here is a simple workflow you can follow. Select the documents you plan to serve by mail. Verify that mail service is permitted and that your timing works. Choose a qualified server. Prepare the envelope and complete the mailing. Have the server fill out, sign, and date FL‑335 that same day. File the original form with the court. Keep a copy with your hearing materials.

Remember the core rules. You cannot serve your own papers. The server must clearly list what was mailed, to whom, and when. Use first‑class mail with prepaid postage. File FL‑335 promptly. If your method of service is challenged, your careful compliance with FL‑335 will support your position.

Using FL‑335 well is about clarity and timing. Clear, complete details show reliable service. Timely filing preserves your hearing and your requested orders. With a proper FL‑335, you give the court what it needs to move your case forward.

Legal Terms You Might Encounter

• Proof of service means a signed statement that confirms someone mailed legal papers in your case. FL-335 is the proof of service form used when service happens by mail. The court relies on this document to know when and how the other party received the papers.
• Service by mail means a nonparty adult places your documents in the mail to the other party. The date and place of mailing matter because they affect court timelines. FL-335 records both.
• Petitioner is the person who started the family law case. Respondent is the other party in the case. On FL-335, you identify which party was served so the court can track notice.
• Party means anyone named in the case, like you or the other side. The person who mails the papers cannot be a party. On FL-335, the server must declare that they are not a party to the case.
• Server (or person who mailed the papers) is the adult who actually mailed the documents. This person completes and signs FL-335. They must provide their name, address, and details of the mailing.
• Documents served are the papers that the server mailed. The form asks for the titles of each document mailed. List them clearly so the court sees what the other party received.
• Case number is the unique number for your case. The court uses it to file your proof correctly. Make sure it appears at the top of FL-335 exactly as it appears on your other case documents.
• Postage prepaid means the envelope had enough stamps or postage when mailed. The server must confirm this on FL-335. The court will not accept service that was not properly posted.
• Declaration under penalty of perjury is a legal promise that the information is true. The server signs FL-335 under penalty of perjury. False information can lead to penalties.
• Filing means delivering completed FL-335 to the court for entry into your case. After filing, the proof of service becomes part of the court record. You keep copies for your files.

FAQs

Do you need FL-335 for every mailing?

Use FL-335 when you serve family law documents by mail and need to prove it. Some documents require personal delivery or another method instead. If mail service is allowed for your papers, complete and file FL-335 to document the mailing.

Do you file one FL-335 per person served?

Yes. File a separate FL-335 for each person you serve by mail. If you mail the same papers to two people, you complete two forms. One form cannot cover multiple recipients.

Can you list multiple documents on one FL-335?

Yes. If the server mailed several documents to the same person on the same date, list each title on one form. Make sure the titles match the document captions. If you serve on different dates, use separate forms for each mailing.

Do you attach mail receipts or tracking?

Not required. The form itself is the proof. Still, it helps to keep a copy of the stamped envelope, a certificate of mailing, or tracking for your records. If a dispute arises, those records support the form.

Do you serve FL-335 on the other party?

No. You file FL-335 with the court. You may share a copy with your client or counsel. The other party receives the underlying documents by mail. The proof itself is for the court file.

Does certified mail count as service by mail?

Certified mail is still a mail service. If rules allow mail service for your document, certified mail is acceptable. The server still completes FL-335. Keep the certified receipt with your copy.

What if you do not know the other party’s address?

You cannot complete mail service without a mailing address. Consider whether you have a last-known address or a counsel’s address. If you cannot locate an address, you may need a different service method. Ask the court for guidance before your deadline.

How soon should you file FL-335?

File as soon as possible after mailing. Filing promptly helps the court confirm notice before any hearing. If you are filing a motion, file the proof early enough for the court to review it in advance.

Checklist: Before, During, and After the FL-335 Proof of Service by Mail

Before signing

• Your case number and case caption exactly as they appear on other filings.
• Full names of the person(s) served, including any attorney of record.
• The exact titles of each document are mailed.
• The mailing address(es) used, including suite or apartment number.
• The date of mailing and the city and state of mailing.
• The server’s full legal name, street address, and contact details.
• Enough postage on the envelope(s); keep a receipt or photo if possible.
• A clean copy of FL-335 is ready for the server to complete.
• Your hearing date and any relevant deadlines to ensure timely filing.

During signing

• Confirm the server is at least 18 and not a party in the case.
• Verify the case number and party names are correct on the form.
• Check the list of documents served for accurate titles and dates.
• Confirm the recipient’s name and full mailing address on the form.
• Verify the correct date of mailing and the city and state of mailing.
• Ensure the “postage prepaid” statement applies to the mailing.
• Have the server sign and date under penalty of perjury in ink.
• Review the form for legibility and completeness before making copies.

After signing

• Make at least two copies: one for your records, one as a spare.
• File the original FL-335 with the same court where your case is pending.
• If filing in person, bring the original and copies for stamping.
• If filing by mail, include a self-addressed stamped envelope for conformed copies.
• Note the filing date in your case timeline or calendar.
• Retain copies with your proof set: the form, mailing receipt, and tracking.
• If the service was defective or if there are information changes, prepare an amended proof.
• Keep the server’s contact information in case the court has questions.

Common Mistakes to Avoid

• Don’t forget who can mail the papers. If a party to the case mails the documents, service by mail is invalid. The court may ignore the papers, delay the hearing, or require you to re-serve and refile.
• Don’t use the wrong address. Mailing to an old or incomplete address can derail your timeline. The court may find service ineffective, which can lead to continuances or denied requests.
• Don’t leave out documents from the list. If the proof omits a document, the court might treat it as not served. This can delay orders or cause your hearing to be continued.
• Don’t sign with the wrong date or city. An incorrect mailing date or place can trigger deadline problems. The court may question the validity and ask for corrected proof.
• Don’t use the mail proof for a different service method. If you used personal delivery or electronic service, do not use FL-335. The wrong proof form can lead to rejection or confusion in the court file.

What to Do After Filling Out the Form

1. File the original. File FL-335 with the Superior Court of California where your case is active. File promptly so the judge can confirm service before any hearing.
2. Attach where needed. If you are filing a motion or responsive document, include the proof in your filing packet as required. If you already filed your moving papers, file FL-335 as a standalone proof.
3. Track deadlines. Service by mail affects response and hearing timelines. Note the mailing date and plan accordingly. Build in time for weekends and holidays that may affect delivery and court days.
4. Handle multiple recipients. File a separate FL-335 for each recipient you served. Do not try to combine different recipients on one form. Make sure each form accurately lists the documents for that person.
5. Correct errors quickly. If you discover a mistake on a filed proof, prepare a corrected or amended proof. Use the same accurate mailing details and document list. File the corrected version and note it in your records.
6. Keep your proof set. Retain a complete set: a copy of FL-335, the stamped or conformed copy from the court, and any mail receipts or tracking. Store it with your case calendar and hearing notes.
7. Prepare for questions. If the clerk or judge asks about service, you should have the server’s information, the mailing date, and confirm the documents served. Your organized proof set helps you answer quickly.
8. Plan future service. For future filings, repeat the process: confirm the method allowed, have a qualified server, and complete FL-335 right after mailing. Consistent practice reduces errors and delays.
9. This form belongs to the Superior Court of California. Use it only for service by mail when that method is permitted for your documents. If you need a different service method, use the matching proof form for that method.