A summons may be served by any person who is at least 18 years of age and not a party to the action.
§ 414.10.Generally
Title 5. Jurisdiction and Service of Process · Chapter 4. Service of Summons · Article 2. Persons Who May Serve Summons · Enacted 1610 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 414.10 allows any person at least 18 years old who is not a party to the action to serve a summons, without requiring the server to hold any professional license or official appointment.
Full Text of § 414.10
Plain-English Summary
Section 414.10 sets the eligibility rule for who may hand-deliver or otherwise carry out service of a summons. A summons may be served by any person who is at least 18 years of age and not a party to the action. There is no requirement that the server be a sheriff, a licensed process server, or any other special category — the two conditions are age and non-party status.
This broad eligibility is what makes it practical for a plaintiff’s own representative, a friend, or a hired process server to carry out personal delivery under § 415.10 or the other manner-of-service provisions in Article 3. A party to the action itself may not serve the summons, no matter how old they are.
Frequently Asked Questions
Who is allowed to serve a summons in a California civil case?
Section 414.10 allows service by any person who is at least 18 years old and not a party to the action.
Can I serve the summons myself if I am the plaintiff?
No. Section 414.10 excludes a party to the action from serving the summons, regardless of the party’s age.
Does the server need to be a licensed process server or law enforcement officer?
No. Section 414.10 sets only two conditions — being at least 18 and not a party — and does not require any professional license or official status.
Amendment History
Added by Stats. 1969, Ch. 1610.
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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