If substituted service is authorized by Code of Civil Procedure section 116.340 or other provisions of law, no due diligence is required in a small claims court action.
Rule 3.2102.Substituted service
Division 21. Rules for Small Claims Actions · Chapter 1. Trial Rules · Adopted 1702 · no amendments on record · Last verified July 29, 2026
In one sentenceRule 3.2102 tells small claims courts that a plaintiff using substituted service authorized under Code of Civil Procedure section 116.340 or another statute does not have to show the due diligence normally required before substituted service is allowed.
Full Text of Rule 3.2102
Plain-English Summary
Outside small claims court, a party generally has to try personal service in good faith before falling back on substituted service — leaving papers with someone else at the person’s home or workplace and mailing a copy. Courts call that prerequisite due diligence, and it exists to keep substituted service as a backup rather than a first choice.
Rule 3.2102 removes that prerequisite for small claims. If a statute such as Code of Civil Procedure section 116.340, or some other provision of law, authorizes substituted service in a small claims action, the plaintiff can use it without first documenting failed attempts at personal service. The rule reflects how small claims court is built to work: claimants are often unrepresented, claims are small, and the process is meant to move without the evidentiary showings that larger civil cases require.
Frequently Asked Questions
Does a small claims plaintiff have to try personal service before substituted service?
No. Rule 3.2102 removes the due diligence requirement that otherwise applies before substituted service, as long as the substituted service is authorized under Code of Civil Procedure section 116.340 or another statute.
What is due diligence in the context of substituted service?
It is the showing, required in most civil cases, that a party made good-faith attempts at personal service before resorting to substituted service. Rule 3.2102 says small claims actions do not need that showing.
Does Rule 3.2102 create a new method of substituted service?
No. It relies on the substituted service authorized elsewhere, chiefly Code of Civil Procedure section 116.340, and removes the due diligence step that would otherwise precede it.
Amendment History
Rule 3.2102 renumbered effective January 1, 2007; adopted as rule 1702 effective July 1, 1991.
Source & verification. Rule text is reproduced verbatim from
the Judicial Council of California. Adopted by the Judicial Council of California.
Last verified July 29, 2026.
· Official source
Also known as: substituted service small claims Californiadue diligence requirement small claims serviceCCP 116.340 substituted service rule