Service of a paper, other than process, upon the sheriff may be made by delivering it to him or to one of his deputies, or to a person in charge of the office during office hours, or, if no such person is there, by leaving it in a conspicuous place in the office.
§ 262.5.Service of paper other than process, upon sheriff
Title 4. Ministerial Officers of Courts of Justice · Chapter 1. Of Ministerial Officers Generally · Enacted 1951 · no amendments on record · Last verified July 28, 2026
In one sentence§ 262.5 sets out how to serve a paper other than process on the sheriff — by delivering it to the sheriff, a deputy, or the person in charge of the office during office hours, or, if no one is there, by leaving it in a conspicuous place in the office.
Full Text of § 262.5
Plain-English Summary
Process itself has its own service rules elsewhere, but plenty of other papers get directed to a sheriff — notices, motions, correspondence tied to a pending matter. § 262.5 covers how to serve those other papers on the sheriff’s office.
The section lists acceptable ways to deliver: hand it to the sheriff, hand it to one of the deputies, or hand it to whoever is in charge of the office while it is open. If none of those people happen to be present, the paper can be left in a conspicuous place in the office instead of going undelivered.
The fallback matters in practice — it keeps service from failing just because the sheriff’s staff is momentarily unavailable, while still requiring the paper to be left somewhere it will be found.
Frequently Asked Questions
Does § 262.5 cover serving a summons on the sheriff?
No. § 262.5 governs papers other than process; process itself is served under other provisions of the code.
Who can accept service of a paper on the sheriff’s behalf?
The sheriff, a deputy, or the person in charge of the office during office hours.
What if no one is at the office to accept the paper?
§ 262.5 allows the paper to be left in a conspicuous place in the office.
Does this section require the office to be open when service is made?
Its language ties acceptance by the person in charge to when the office is open for business.
Amendment History
Added Stats 1951 ch 655 § 14.
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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