To file a notice of change of address in a California court case, complete Judicial Council form MC-040, have another adult over 18 who is not a party mail a copy to every other party or their attorney, and then file the original — including the proof of service on page 2 — with the clerk of the court where your case is pending. There is no filing fee. California Rules of Court, rule 2.200 requires this whenever your mailing address, phone, fax, or email changes during a pending case.1Judicial Branch of California. California Rules of Court Rule 2.200 – Service and Filing of Notice of Change of Address or Other Contact Information
Who Has to File
Rule 2.200 covers attorneys of record and self-represented parties. If a lawyer represents you, your lawyer files the notice when their own contact information changes. If you’re representing yourself, it’s on you.1Judicial Branch of California. California Rules of Court Rule 2.200 – Service and Filing of Notice of Change of Address or Other Contact Information
The rule says “must.” It isn’t optional, and it applies any time your contact information changes while an action is still pending. There’s no fixed deadline written into the rule, but the longer you wait the more likely you are to miss something the court or the other side sends to your old address. If you have more than one open case, file a separate MC-040 in each one — the form is tied to a specific case number.
Filling Out Form MC-040
MC-040 is titled “Notice of Change of Address or Other Contact Information.” You can download it from the California Courts website or pick up a copy at any Superior Court clerk’s office.2California Courts. Notice of Change of Address or Other Contact Information
Page 1 is the substantive page. At the top, enter the court name, county, case number, and the names of the parties. In the body, provide your new street address, mailing address if different, city, state, zip code, and any updated phone, fax, or email. This becomes your address of record, so be exact. Sign and date at the bottom.3California Courts. Update Your Address With the Court
Before you go any further, make one copy of the completed page 1 for every other party in the case. You’ll need those copies for service.
Serving the Other Parties
You cannot file the form until the other parties have been served, and you cannot do the serving yourself. Someone else — an adult at least 18 years old who is not a party to the case — has to send the copies.3California Courts. Update Your Address With the Court
The standard method is first-class mail. Your server mails one copy of the completed page 1 to each opposing party, or to their attorney if they have one. After mailing, the server fills out and signs page 2 of the original MC-040. Page 2 is the built-in proof of service; it asks for the server’s name, the date of mailing, and where each copy was sent.3California Courts. Update Your Address With the Court
Personal delivery, overnight courier, and electronic service are also permitted under California law where the parties have agreed to it or a court rule requires it. If you use one of those methods and the mail-only proof of service on page 2 doesn’t fit your facts, you may need to attach a separate proof of service form.
Filing With the Court
Once the server has signed page 2, take the original signed form — both pages — to the clerk of the court where your case is pending. Filing is free.3California Courts. Update Your Address With the Court
You can file at the clerk’s counter, through a courthouse drop box, or by mail to the court’s address. Some superior courts also allow electronic filing through approved e-filing providers, but availability varies by county and case type. If you want a stamped copy for your own records, bring an extra and ask the clerk to conform it.
What Happens If You Don’t Update Your Address
Under Code of Civil Procedure section 1013, when a document is served by mail it goes to “the office address as last given by that person on any document filed in the cause.”4California Legislative Information. California Code of Civil Procedure 1013 If your old address is the last one on file, that’s where everything is sent. Evidence Code section 641 then presumes that a properly addressed and mailed letter was received.5California Legislative Information. California Evidence Code 641 The court will treat you as having received every notice, motion, and order mailed to that outdated address, whether you actually saw it or not.
The consequences are practical. If the other side files a motion and you don’t respond because you never saw it, the court can rule against you. A default judgment can be entered, and once that happens, the winning party can garnish your wages, levy your bank account, or lien your property.
California offers a limited safety valve. Under Code of Civil Procedure section 473.5, if you never received actual notice in time to defend yourself, you can move to set aside the default judgment. You must show that the lack of notice wasn’t caused by your own avoidance or inexcusable neglect, and you must move within a reasonable time — no later than two years after entry of the default judgment or 180 days after you’re formally served with notice of it, whichever comes first.6California Legislative Information. California Code of Civil Procedure 473.5 Letting your address of record go stale because you forgot is the kind of thing courts may treat as inexcusable neglect, which would defeat the motion. Filing MC-040 promptly is far easier than trying to undo a default months later.
If Your Address Is Confidential for Safety Reasons
If you’re a survivor of domestic violence, stalking, sexual assault, or human trafficking and are enrolled in California’s Safe at Home program, you use the program’s substitute mailing address on your MC-040 rather than your home address. All California courts are required to accept the substitute address.7California Secretary of State. Safe at Home – Frequently Asked Questions Note that service by mail to a Safe at Home address adds 12 calendar days to any deadline instead of the standard five days for in-state mailing.4California Legislative Information. California Code of Civil Procedure 1013 If you think you qualify but aren’t yet enrolled, contact the Secretary of State’s Safe at Home office or a local victim services agency before putting your home address on a public court filing.