If an action is begun against a sheriff, all process and orders may be served by any person in the manner provided in this code.
§ 262.7.Service of process and orders in action against sheriff
Title 4. Ministerial Officers of Courts of Justice · Chapter 1. Of Ministerial Officers Generally · Last amended 2015 · Last verified July 28, 2026
In one sentence§ 262.7 allows any person, rather than only a sheriff or officer, to serve process and orders in a lawsuit brought against a sheriff, using the ordinary service methods set out elsewhere in the code.
Full Text of § 262.7
Plain-English Summary
Suing a sheriff creates the same conflict as asking the sheriff to execute process in a case where the sheriff is a party. § 262.7 addresses the service side of that problem: when an action is begun against a sheriff, process and orders in that action may be served by any person, following the code’s usual service procedures.
This removes the need for a special server. Rather than requiring a coroner or other substitute officer to handle service on the sheriff-defendant, § 262.7 opens service to any person, in the same manner service would otherwise be made in that type of case.
Read alongside § 262.6, the two sections divide the conflict-of-interest problem in two: § 262.6 covers who executes process and orders in the underlying case when the sheriff is a party, while § 262.7 covers who may serve process and orders in the action against the sheriff itself.
Frequently Asked Questions
Who may serve papers on a sheriff who is being sued?
§ 262.7 allows any person to serve process and orders in that action, following the manner of service the code otherwise provides.
Does a special officer have to be appointed to serve a sheriff-defendant?
No. § 262.7 lets any person serve process and orders in an action begun against a sheriff.
Is a different method of service used when the sheriff is the defendant?
No. Service still follows “the manner provided in this code,” the same procedures used in any other action.
How does § 262.7 differ from § 262.6?
§ 262.6 governs who executes process and orders in a case where the sheriff is a party generally; § 262.7 specifically governs service of process and orders in an action begun against the sheriff.
Amendment History
Added Stats 1951 ch 655 § 14. Amended Stats 2014 ch 470 § 1 (AB 2256), effective January 1, 2015.
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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