Who uses the Form MC-040?
A litigant in a Californian court of law that changes its address, phone number or name should use the Form MC-040 to notify the court of the changes.
What is the purpose of the Form MC-040?
When a person has a case in court, it must always keep the court updated with any changes in its address, phone number or name. The Form MC-040, or notice of change of address, serves that purpose. If the court does not have a litigant’s current address, the litigant will miss important court notices. The parties to a case usually serve each other by mail at the address of record with the court. If a party’s address with the court is outdated, such party might miss important papers filed by the other side, and as a result, lose important rights.
What information should be provided?
The party should provide the following information:
- name, State Bar number, address, telephone number, e-mail address of the attorney.
- Street and mailing addresses of the court.
- Names of the parties.
In item 1, the party specifies who has changed the address for service of notices (party or attorney) by checking the respective boxes.
In item 2, the party provides its new address (street, city, mailing address, state and zip code, telephone number, fax number and email address).
Where do I send the Form MC-040?
The party should make 2 copies of the filled form. Then it should have a third person at last 18 years old mail 1 of the copies to the other side in the case. If the other side has a lawyer, it can be mailed to the lawyer. If there is more than 1 other party, the server mails a copy to each party.
Then, the server fills out the back of the original of the form, which is the proof of service. It is advisable to make sure that the server indicates to whom the notice was sent, to what address, and when. The server also has to sign the form and then return the original to the party.
The party makes one more copy of the original and copies the filled out proof of service on page 2.
After that, the party should take the original and a copy to the court and file it with the clerk. The clerk will keep the original, stamp the party’s copy “Filed,” and returns it to the party.