When a plaintiff or a defendant, who has appeared, resides out of the state, and has no attorney in the action or proceeding, the service may be made on the clerk of the court, for that party. But in all cases where a party has an attorney in the action or proceeding, the service of papers, when required, must be upon the attorney instead of the party, except service of subpoenas, of writs, and other process issued in the suit, and of papers to bring the party into contempt. If the sole attorney for a party is removed or suspended from practice, then the party has no attorney within the meaning of this section. If the party's sole attorney has no known office in this state, notices and papers may be served by leaving a copy thereof with the clerk of the court, unless the attorney has filed in the cause an address of a place at which notices and papers may be served on the attorney, in which event they may be served at that place.
§ 1015.Service Upon Party Residing Out of State
Title 14. Of Miscellaneous Provisions · Chapter 5. Notices, and Filing and Service of Papers · Last amended 2008 · Last verified July 28, 2026
In one sentenceSection 1015 requires service on an out-of-state party who has appeared and has no attorney to go through the court clerk, but generally requires service on a represented party to go through the attorney instead of the party directly, with fallback rules for an attorney whose office location is unknown.
Full Text of § 1015
Plain-English Summary
This section handles the practical problem of serving a party who lives outside California. If that out-of-state party has appeared but has no attorney in the case, service can be made on the clerk of the court on that party's behalf, rather than trying to reach the party directly across state lines.
Where the party does have an attorney, the general rule flips: service of papers goes to the attorney, not the party, with narrow exceptions for subpoenas, writs and other process, and papers seeking to hold the party in contempt. If the party's sole attorney has been removed or suspended from practice, the statute treats that party as having no attorney at all for these purposes. And if the sole attorney has no known office in California, service can be made by leaving a copy with the clerk of the court, unless the attorney has filed an alternate address in the case where notices and papers can be served.
Frequently Asked Questions
How is service made on an out-of-state party with no attorney?
By serving the clerk of the court on that party's behalf, once the party has appeared in the action.
Does service go to the party or the attorney when the party is represented?
Generally to the attorney, except for subpoenas, writs and other process, and papers used to bring the party into contempt.
What if the party's only attorney has been suspended from practice?
The party is treated as having no attorney within the meaning of this section.
What if the attorney has no known office in California?
Service may be made by leaving a copy with the clerk of the court, unless the attorney has filed an address in the case at which notices and papers may be served.
Amendment History
Amended by Stats 2007 ch 263 (AB 310),s 12, eff. 1/1/2008.
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
Also known as: service on out of state party california