Except as otherwise provided by statute, a summons shall be served on a person:
§ 413.10.Generally
Title 5. Jurisdiction and Service of Process · Chapter 4. Service of Summons · Article 1. General · Last amended 1984 · Last verified July 28, 2026
In one sentenceSection 413.10 sets the three geographic frameworks for serving a California summons — within the state under this chapter, outside the state but within the United States, and outside the United States, including under the Hague Service Convention.
Full Text of § 413.10
(a) Within this state, as provided in this chapter.
(b) Outside this state but within the United States, as provided in this chapter or as prescribed by the law of the place where the person is served.
(c) Outside the United States, as provided in this chapter or as directed by the court in which the action is pending, or, if the court before or after service finds that the service is reasonably calculated to give actual notice, as prescribed by the law of the place where the person is served or as directed by the foreign authority in response to a letter rogatory. These rules are subject to the provisions of the Convention on the "Service Abroad of Judicial and Extrajudicial Documents" in Civil or Commercial Matters (Hague Service Convention).
Plain-English Summary
Section 413.10 frames where the service rules in Chapter 4 apply, and what governs when they do not fully reach. Subdivision (a) covers service within California: it happens as provided in this chapter, meaning the specific methods in Articles 2 through 5 that follow — personal delivery, substituted service, publication, and the rest.
Subdivision (b) covers service outside California but within the United States. It may be made as provided in this chapter, or as prescribed by the law of the place where the person is served — giving a process server the option of following the serving state’s own rules instead. Subdivision (c) covers service outside the United States entirely. It may be made as this chapter provides, as the court directs, or — if the court finds before or after service that the method used is reasonably calculated to give actual notice — as prescribed by the law of the place of service or as a foreign authority directs in response to a letter rogatory. Subdivision (c) also makes clear that these rules operate subject to the Hague Service Convention on service abroad of judicial and extrajudicial documents in civil or commercial matters.
Frequently Asked Questions
How is a defendant served with a California summons if they live in another state?
Section 413.10(b) allows service as provided in this chapter, or as prescribed by the law of the place where the person is served.
What governs service on a defendant located outside the United States?
Subdivision (c) allows service as provided in this chapter, as the court directs, or, where the court finds the method reasonably calculated to give actual notice, as prescribed by the law of the place of service or as directed in response to a letter rogatory — all subject to the Hague Service Convention.
Does the Hague Service Convention override California’s own service rules for foreign defendants?
Subdivision (c) states these rules are subject to the Hague Service Convention, meaning service abroad must be carried out consistently with that treaty where it applies.
Amendment History
Amended by Stats. 1984, Ch. 191, Sec. 1.
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: serving a summons on out of state defendant californiahague convention service californiaserving defendant outside united states california lawsuit