(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.
§ 1013.Requirements For Service By Mail
Title 14. Of Miscellaneous Provisions · Chapter 5. Notices, and Filing and Service of Papers · Last amended 2023 · Last verified July 28, 2026
In one sentenceSection 1013 sets the mechanics of service by mail, express mail, and fax, and grants the well-known extensions to any deadline tied to that service -- five to twenty additional calendar days for mail depending on the parties' locations, and two court days for express mail, overnight delivery, or fax.
Full Text of § 1013
(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.
(h) Subdivisions (b), (d), and (f) are directory.
Plain-English Summary
Practitioners rely on this section constantly to calculate deadlines. Subdivision (a) requires the notice or paper to be deposited, sealed and postage paid, in a mail facility addressed to the person's last-given office address or, failing that, residence. Service is complete the moment it's deposited — but any deadline tied to service by mail gets extended: five calendar days if both mailing and address are within California, ten if either is outside California but within the United States, twelve if the address is the Secretary of State's confidential address program, and twenty if either is outside the United States. That extension doesn't reach a notice of intention to move for new trial, a motion to vacate judgment under § 663a, or a notice of appeal.
Subdivisions (c) and (d) extend the same basic structure to Express Mail and other overnight-delivery services, with a flat two-court-day extension instead of the sliding calendar-day scale used for ordinary mail. Subdivisions (e) and (f) cover fax service, available only where the parties have agreed in writing to it, also carrying a two-court-day extension, with the same carve-outs for new trial motions, § 663a motions, and notices of appeal. Subdivision (g) folds in electronic service by cross-reference to § 1010.6.
Subdivision (h) softens the paperwork requirements: the notation-of-mailing and proof-of-service formalities described in subdivisions (b), (d), and (f) are directory rather than mandatory, meaning a technical slip in the paperwork doesn't necessarily undo otherwise valid service. Section 1005(b) makes clear this section's extensions don't apply to noticed-motion deadlines, which run on their own calendar-day extension schedule instead.
Frequently Asked Questions
How many extra days does mail service add to a response deadline?
Five calendar days if mailing and address are both in California, ten if either is outside California but within the United States, twelve for the Secretary of State's address confidentiality program, and twenty if either is outside the United States.
When is service by mail considered complete?
At the time of deposit in the mail, not when the recipient receives it — though the deadline extension compensates for the delay in receipt.
Does the mail extension apply to a notice of appeal or a new trial motion?
No. Section 1013(a) specifically excludes notices of intention to move for new trial, motions to vacate judgment under § 663a, and notices of appeal from this extension.
What extension applies to service by Express Mail or overnight delivery?
A flat two-court-day extension, rather than the sliding scale used for ordinary mail.
Is fax service always allowed?
No. Section 1013(e) permits fax service only where the parties have agreed to it in writing.
Amendment History
Amended by Stats 2022 ch 686 (AB 1726),s 2, eff. 1/1/2023. Amended by Stats 2010 ch 156 (SB 1274),s 2, eff. 1/1/2011. Amended by Stats 2001 ch 812 (AB 223), s 8, eff. 1/1/2002.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
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