California Government Code 26666.5 v2 – (a) A marshal or sheriff, including their department or office, …
(a) A marshal or sheriff, including their department or office, shall accept transmission by email, fax, or in-person delivery of the form or forms described in Section 26666.10, and of a summons, order, or other notice to be served. Any person may deliver the forms for service to the marshal or sheriff, including their department or office, on behalf of a litigant.
(b) (1) Subject to paragraph (2), a marshal or sheriff, including their department or office, shall not charge or collect a fee for the electronic transmission of documents described in subdivision (a) that exceeds the actual cost incurred in processing the transmission.
Terms Used In California Government Code 26666.5 v2
- Notice: includes all papers and orders required to be served in any proceedings before any court, board, or officer, or when required by law to be served independently of such proceeding. See California Government Code 26660
- Person: includes any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company. See California Government Code 17
- Process: includes all writs, warrants, summons, and orders of courts of justice, or judicial officers. See California Government Code 26660
- Subdivision: means a subdivision of the section in which the term occurs unless some other section is expressly mentioned. See California Government Code 10
- Summons: Another word for subpoena used by the criminal justice system.
(2) No fee for the electronic transmission of documents shall be imposed on a litigant who has been granted a fee waiver by an order on court fee waiver or is otherwise exempt from paying fees for service of a summons, order, or other notice under any law, including, but not limited to, subdivision (y) of Section 527.6, subdivision (x) of Section 527.8, or subdivision (x) of § 527.85 of the Code of Civil Procedure, Division 10 (commencing with Section 6200) of the Family Code, paragraph (4) of subdivision (b) of Section 6103.2, Section 26721 or 70617 of the Government Code, § 18121 of the Penal Code, 34 U.S.C. § 10450(a)(1), or 34 U.S.C. § 10461(c)(1)(D).
(c) This section shall not be construed to require a marshal or sheriff, including their department or office, to attempt service of documents prior to receipt of any fees owed pursuant to this chapter.
(d) This section shall not be construed to impede a private process server’s rights or obligations, including, but not limited to, the ability to serve a summons, order, or other notice as requested by a client.
(e) This section shall become operative on January 1, 2026.
(Amended (as added by Stats. 2022, Ch. 417, Sec. 5) by Stats. 2023, Ch. 131, Sec. 85. (AB 1754) Effective January 1, 2024. Operative January 1, 2026, by its own provisions.)