How to Fill Out California Form FL-410 (w/Examples) + FAQs

You file California Judicial Council Form FL-410 to ask the family court to “reissue” a summons that has expired or is about to expire before you serve the other side. The form revives the life of your case, gives you more time to find and serve the respondent, and protects you from the harsh dismissal rules under California Code of Civil Procedure §583.250.

You face a hidden clock the moment you file a divorce, legal separation, parentage, or custody case in California. The original summons (Form FL-110) becomes “stale” if your respondent is not served quickly, and the court can throw your case out without warning.

According to the Judicial Council of California 2024 Court Statistics Report, more than 376,000 family law petitions are filed each year, and a meaningful share stall because the petitioner cannot serve the respondent within the California Rules of Court Rule 3.110(b) 60-day window. FL-410 is the lifeline that keeps these cases alive.

Here is what you will learn in this guide:

📜 The exact legal purpose of FL-410 and which statutes control it
🖊️ A line-by-line walkthrough of every box, caption, and signature on the form
👨‍👩‍👧 Three real-world named scenarios showing when reissuance works and when it fails
⚠️ The seven most common filing mistakes that get FL-410 requests denied
❓ Ten frequently asked questions answered in 35 words or fewer

What Is California Form FL-410?

Form FL-410 is the official Judicial Council form titled “Reissuance of Summons” used in every California family law case. The form asks a judge or clerk to issue a fresh summons after the original has gone stale, expired, or been lost. You must use the current Judicial Council version, which carries the revision date of January 1, 2013, in the lower-left corner.

The form lives inside the family law branch of California civil procedure. It applies to dissolutions of marriage, legal separations, nullities, parentage actions under the Uniform Parentage Act, and domestic partnership terminations. It does not apply to civil harassment restraining orders, small claims cases, or unlawful detainer actions, which use different reissuance procedures.

The plain-English explanation is that a summons is the court’s order telling the respondent they have been sued and must respond. The consequence of letting the summons expire without service is that the court loses the practical ability to enforce orders against the respondent. The misconception many self-represented people hold is that filing the petition alone “starts” the case forever, but service brings the respondent under the court’s power, not filing.

A real example helps. Maria, a nurse in Fresno, files her divorce petition on March 1, 2026, but her husband moves to Nevada before she can serve him. By August she still has not served him, so she files FL-410 to get a fresh summons that her process server can hand to him at his new Reno address.

The Legal Authority Behind FL-410

The reissuance power flows from California Code of Civil Procedure §583.210, which gives a petitioner three years from the filing date to serve the summons and complaint. The plain-English meaning is that you have a hard outside deadline of 36 months. The consequence of missing it is mandatory dismissal under CCP §583.250, and the court has no discretion to forgive a late service.

A second layer comes from California Rules of Court Rule 3.110(b), which sets a much shorter 60-day “soft” deadline for service in unlimited civil cases. The consequence of missing this rule is an Order to Show Cause why the case should not be dismissed, even though the three-year clock keeps running. A common misconception is that the 60-day rule does not apply to family law, but many local courts apply parallel timing rules through their own local rules.

A third layer comes from Code of Civil Procedure §412.20, which describes what a valid summons must contain. The consequence of serving an expired summons is that service is void, even if the respondent actually received the papers. David, a teacher in Sacramento, learned this the hard way when his default judgment was set aside because his process server used a summons issued nine months earlier without reissuance.

When the Summons “Expires”

A California family law summons does not carry a printed expiration date, which surprises most filers. The plain-English rule is that the summons remains valid until served, but a returned-unserved summons or a summons the court treats as stale must be reissued. The consequence of treating a stale summons as live is that the respondent can later attack the judgment as void.

The trigger most often comes from the clerk or the judge in three situations. First, the proof of service was filed and rejected, and the original summons came back with the file. Second, the petitioner asked the clerk to reissue because the document was lost. Third, an order to show cause issued under Rule 3.110 forced the petitioner to ask for a fresh summons.

A real-world mini-scenario shows the rule in action. Jasmine, a software engineer in San Jose, mailed her summons to a process server who lost it during a move. She filed FL-410 to get a clean replacement summons rather than risk serving a photocopy that the respondent could later challenge.

Who Should File FL-410?

Any petitioner, cross-petitioner, or joining party in a California family law action can file FL-410. You file it as the original moving party when the summons you obtained at filing has gone unserved. You file it as a cross-complainant when your responsive pleading required its own summons that has now expired.

The form is designed for self-represented litigants, which the courts call “pro per” parties, but lawyers use it just as often. The plain-English point is that the rules do not change based on whether you have counsel. The consequence of filing it incorrectly is the same in either case: a denial that costs you weeks of court time.

Third parties such as guardians ad litem, joinder claimants, and intervening parties also use FL-410 when their separate summons becomes stale. Robert, a grandfather in Los Angeles County who joined his grandson’s custody case, filed FL-410 after his joinder summons sat unserved for four months while he located the child’s biological father in Texas.

Petitioners in Dissolution and Legal Separation Cases

Petitioners in dissolution actions under Family Code §2300 make up the largest group of FL-410 filers. The form lets these petitioners restart the service clock so they can finish a divorce that stalled. The consequence of skipping the form is forced refiling, which means a new case number, a new filing fee, and a brand-new waiting period under Family Code §2339.

The six-month “cooling-off” period under §2339 is critical. The consequence of refiling instead of reissuing is that you reset the six-month minimum waiting period for the marriage to end. Aisha, a small-business owner in Oakland, would have lost eight extra months of separated life had she refiled instead of using FL-410 to revive her original case.

A common misconception is that reissuance is only for “lost” summonses. The form text itself authorizes reissuance whenever “the summons has been returned unserved” or “the original summons must be reissued for any reason,” which is intentionally broad.

Petitioners in Parentage and Custody Cases

Parentage cases under the Uniform Parentage Act are the second most common FL-410 setting. These cases use Form FL-200 and a parentage-specific summons. The consequence of letting that summons go stale is identical to dissolution practice: the case may be dismissed without prejudice, but the underlying child support clock can keep running against the petitioner.

Custody-only cases filed under Family Code §3120 by married parents not seeking divorce also rely on FL-410. The consequence of missing service in custody cases can be especially painful, because temporary custody orders evaporate when the case is dismissed.

A common misconception is that the Local Child Support Agency handles all parentage service. The agency only acts in Title IV-D cases, and private petitioners must serve their own papers and file their own FL-410 when needed.

Step-by-Step: Filling Out Form FL-410

Form FL-410 is one of the shortest Judicial Council forms, but every line carries weight. You need a black or blue pen if filling by hand, or you can complete it through the official fillable PDF. Print one original and at least two copies before you head to court.

Gather three documents before you start. First, your file-stamped petition, which gives you the case number and filing date. Second, the original summons if you still have it. Third, any returned mail, declarations of due diligence, or process server affidavits that show why service did not happen.

The plain-English rule is that the form is half caption and half request. The consequence of filling out the caption wrong is automatic clerk rejection. The consequence of filling out the request wrong is denial by the judge.

The Top Caption Box

The top caption holds the attorney or party name, address, telephone, email, and bar number if applicable. Self-represented filers write their full legal name and add the words “In Pro Per” or “Self-Represented” on the line for “Attorney For.” The consequence of leaving the email blank is that you may miss electronic notices in counties that use eService through One Legal or File and ServeXpress.

The “Superior Court of California, County of ___” line must match the court that holds your case. The consequence of writing the wrong county is rejection. Carlos, a chef in Riverside County, accidentally wrote “Los Angeles” because he had moved, and his FL-410 sat in the rejection bin for ten days before he caught the error.

The branch name and address must match exactly the courthouse handling your file. You can confirm the correct branch on the California Courts find-my-court tool.

Petitioner, Respondent, and Other Parent Names

The form has fields for “Petitioner,” “Respondent,” and in parentage cases “Other Parent / Parent 2.” Use the exact spelling that appears on your file-stamped petition. The consequence of any difference, even a missing middle initial, is that the clerk’s docket cannot match the form to the case file.

The case number goes in the upper right. The consequence of writing the wrong digits is the same as writing the wrong county. Always copy the case number directly from your file-stamped petition rather than from memory.

A common misconception is that you can update names on FL-410 if a party has changed names. You cannot. Name changes require a separate amended petition.

Item 1: Reason for Reissuance

Item 1 of the form is a single check box that reads, “The summons filed on (date) is reissued.” You write the date the original summons was issued, which is usually the same date the petition was filed. The plain-English meaning is that you are pointing the court back to the original summons it issued.

The consequence of leaving the date blank is denial because the clerk does not know which summons to reissue. The consequence of writing the wrong date is the same. Linh, a paralegal-supported petitioner in San Diego, copied the date from her proof of service rather than the summons itself, and the clerk bounced her request the same day.

A common misconception is that you must explain “why” reissuance is needed in Item 1. You do not. The form does not require a narrative reason, although attaching a short declaration explaining diligent service efforts can help if a judge looks at the request.

Signature, Date, and Print Name

The bottom of the form has three lines: a date, a signature, and a printed name. You must sign in the same name you used in your petition. The consequence of an electronic signature in a county that requires a wet signature is rejection.

California Rules of Court Rule 2.257 governs electronic signatures. The consequence of using an “/s/” signature without the supporting declaration that rule requires is rejection in many counties. Self-represented filers should generally sign in ink unless their court has confirmed e-signatures are accepted.

The printed name must match the signature. Marcus, a delivery driver in Alameda County, signed “Marc” but printed “Marcus,” and the clerk rejected the form because the names did not match the petition exactly.

Order on Reissuance (Bottom Half of Form)

The bottom half of FL-410 is titled “Order on Reissuance of Summons.” This section is for the court to complete, but you must still fill in the case caption and party names so the order is enforceable when signed. The consequence of leaving the bottom half blank is that the clerk cannot process the form even if the top half is perfect.

The judge or clerk signs the order line and writes a new “issued” date in the seal area. The plain-English meaning is that the same form does double duty: request on top, order on bottom. The consequence of trying to use a separate proposed order form is rejection because FL-410 is self-contained.

A common misconception is that you must serve the order on the respondent. You serve the new summons the clerk issues, not the FL-410 order itself.

Filing FL-410: Fees, Venue, and Local Rules

You file FL-410 in the same courthouse, branch, and department that holds your original case file. The plain-English rule is that the form follows the case. The consequence of filing in the wrong branch is delay because the form must be transferred internally.

There is no separate filing fee for FL-410 in California family court, according to the Statewide Civil Fee Schedule effective January 1, 2026. The consequence of being asked to pay a fee is that you should politely point the clerk to the fee schedule. The misconception that reissuance costs the same as filing a new petition (currently $435–$450 in most counties) keeps many petitioners from using the form.

You can file by drop-box, in person, by mail, or through electronic filing in counties that mandate it. Los Angeles Superior Court, San Francisco Superior Court, and Orange County Superior Court all accept FL-410 through their e-filing portals.

County-Specific Quirks

Local rules vary widely. Los Angeles Local Rule 5.4 requires e-filing for most family law documents in LA. The consequence of paper-filing in LA without an exemption is rejection.

San Diego Local Rule 5.1.6 requires that the proposed order be lodged separately, but FL-410 is exempt because the order is built into the form. The consequence of lodging a duplicate order is confusion for the clerk.

Santa Clara Family Court processes FL-410 at the clerk level without judicial review when the request is routine. The consequence is faster turnaround, often same-day, compared to the 5–10 court days typical in larger counties.

Service After Reissuance

Once the clerk issues the new summons, you must serve it together with a file-stamped copy of the petition. The plain-English rule is that the new summons replaces the old one, not adds to it. The consequence of serving both the old and new summons is confusion that can let the respondent argue defective service.

Acceptable service methods include personal service under CCP §415.10, substituted service under CCP §415.20, service by mail with acknowledgment under CCP §415.30, and service by publication under CCP §415.50 when the respondent cannot be located.

After successful service, file Form FL-115 Proof of Service of Summons within 60 days under Rule 3.110(e). The consequence of late filing is another order to show cause.

Three Real-World Scenarios

The three scenarios below illustrate how FL-410 plays out across the most common situations. Each table compares the petitioner’s filing choice with the legal effect of that choice.

Scenario 1: The Evading Respondent

Priya, a graphic designer in San Mateo, filed for divorce on January 5, 2026. Her husband refused to answer the door, dodged process servers at work, and moved without leaving a forwarding address. By April 2026 her summons was 90 days old and unserved.

Petitioner Choice	Legal Effect
File FL-410 with declaration of diligence and request service by publication	New summons issued; service by publication permitted under CCP §415.50; case stays alive
Do nothing and wait	Order to show cause under Rule 3.110; possible dismissal at six-month review hearing

Scenario 2: The Out-of-State Respondent

Tariq, a contractor in Long Beach, filed a parentage petition on July 1, 2025. The child’s mother moved to Arizona before he could serve her. He spent four months hiring a skip tracer to find her new address.

Petitioner Choice	Legal Effect
File FL-410 in November 2025 and use registered process server in Arizona	New summons issued; valid service under CCP §415.40; California parentage jurisdiction preserved under UCCJEA
Refile a new petition in California	New case number; lost filing date; lost any retroactive child support back to original filing

Scenario 3: The Lost Summons

Heather, a retail manager in Stockton, filed for legal separation on October 15, 2025. Her process server lost the original summons in a car accident before service. She needed a clean replacement to keep her Automatic Temporary Restraining Orders (ATROs) under Family Code §2040 in force after service.

Petitioner Choice	Legal Effect
File FL-410 with short declaration explaining loss	New summons issued within days; ATROs bind respondent upon service
Photocopy a blank summons and serve it	Service is void; respondent can attack any future judgment

Mistakes to Avoid

The following mistakes cause the most FL-410 denials, according to court self-help center data and county facilitator reports.

Wrong court county in the caption. The clerk rejects the form on intake, costing you days or weeks.
Mismatched case number. The clerk’s docket cannot tie the form to the case file, so the form sits in a “to be researched” pile.
Blank “summons filed on” date. The court does not know which summons to reissue and denies the request.
Using an outdated form revision. Older revisions of FL-410 are not accepted under Rule 1.31, which mandates current Judicial Council forms.
Forgetting to fill out the bottom Order section. The judge cannot sign an order that lacks the caption, leading to denial.
Missing wet signature in counties that require one. The clerk treats the form as unsigned and rejects it.
Failing to attach a declaration of diligence after the three-year mark. Without it, the court cannot apply the tolling exceptions in CCP §583.240.
Serving the old summons after reissuance. Service is void, and any default judgment can be set aside under CCP §473(d).
Skipping FL-115 after successful service. Rule 3.110 OSCs follow, and the case can be dismissed.
Confusing FL-410 with FL-405. Form FL-405 Order on Court Fee Waiver is a totally different document, and confusing the two delays the case.

Dos and Don’ts

The dos and don’ts below come from a blend of statewide rules and consistent local practice across California’s 58 superior courts.

Dos

Do confirm the form revision date is January 1, 2013, because that is the operative version published by the Judicial Council.
Do copy the case number from your file-stamped petition because handwritten memory mistakes are the leading rejection cause.
Do attach a short declaration of diligent service efforts when reissuing after 60 days because judges look for proof you tried.
Do file in the same branch that holds your case because internal transfers add 5–10 court days.
Do keep at least two file-stamped copies because you will need one for your records and one to attach to service papers.

Don’ts

Don’t wait past the three-year deadline because CCP §583.250 makes dismissal mandatory.
Don’t file a brand-new petition unless you have to because you lose your filing-date priority and any child support arrears.
Don’t ignore the Rule 3.110 60-day soft deadline because OSCs add stress and risk.
Don’t sign the form for someone else because that violates Business and Professions Code §6125 on unauthorized practice of law.
Don’t rely on a photocopy of a stale summons because the respondent can later argue the judgment is void.

Pros and Cons of Filing FL-410

Weighing the benefits against the drawbacks helps you decide whether to file FL-410 or take a different path, like dismissing and refiling.

Pros

Preserves the original filing date, which protects retroactive support, ATROs, and the six-month dissolution clock.
No filing fee under the 2026 Statewide Civil Fee Schedule, saving $435–$450.
Short form with only a few fields, so even self-represented filers can complete it in 15 minutes.
Available in every California superior court, with no county-by-county form variation.
Doubles as request and order, which speeds up clerk processing.

Cons

No automatic extension of Rule 3.110 OSCs, so the 60-day clock keeps ticking without a separate motion.
Does not toll the three-year statute unless paired with a CCP §583.240 showing.
Requires a separate proof of service (FL-115) after the new summons is served.
Can be denied if the petitioner shows no diligence after long delays.
Limited use cases, since it does not apply to civil harassment, eviction, or small claims.

Key Entities and Related Forms

Several people, courts, and forms work together around FL-410. The plain-English rule is that the form does not stand alone; it sits inside an ecosystem of family law procedure.

The Judicial Council of California publishes the form. The California Department of Child Support Services often serves Title IV-D summonses without using FL-410 because it has its own internal procedures. The California Self-Help Centers help self-represented filers complete the form for free.

Form	Purpose	When Used
FL-100	Petition for divorce or legal separation	Filed at case start
FL-110	Original summons	Issued at case start
FL-115	Proof of service of summons	After service is completed
FL-410	Reissuance of summons	When original summons is stale or lost
FL-105	UCCJEA declaration	When children are involved

Court Rulings That Shape FL-410 Practice

Several California cases set the boundaries for reissuance. Watts v. Crawford (1995) 10 Cal.4th 743 held that the three-year service rule is mandatory and not subject to ordinary equitable extensions. The consequence is that you cannot rely on judicial sympathy to save a case beyond 36 months.

Tresway Aero, Inc. v. Superior Court (1971) 5 Cal.3d 431 held that a returned-unserved summons is the natural trigger for reissuance. The consequence is that courts read FL-410’s authority broadly to keep cases alive when the petitioner is genuinely trying.

Bishop v. Silva (1991) 234 Cal.App.3d 1317 held that proof of diligent service efforts can support discretionary continuances. The consequence is that a short, dated declaration of diligence makes a meaningful difference when the FL-410 reaches a judge instead of a clerk.

FAQs

Is there a filing fee for FL-410?

No. California’s 2026 Statewide Civil Fee Schedule does not list a separate fee for reissuance of summons in family law cases, so clerks accept FL-410 at no cost.

Can I file FL-410 after the three-year service deadline?

No. CCP §583.250 makes dismissal mandatory after three years unless a tolling exception under CCP §583.240 applies, such as the respondent being outside California.

Do I need a hearing to get my summons reissued?

No. Most counties allow clerk-level reissuance without a hearing, although a judge may set the matter for hearing if the case is older than the Rule 3.110 60-day window.

Can I file FL-410 electronically?

Yes. Counties like Los Angeles, San Francisco, Orange, and San Diego accept FL-410 through their mandated e-filing portals, and many smaller counties accept it by TurboCourt.

Does FL-410 reset the six-month divorce waiting period?

No. The six-month period under Family Code §2339 starts running when the respondent is served, so reissuance does not affect timing once service finally happens.

Can I use FL-410 in a civil harassment case?

No. Civil harassment restraining orders use Form CH-100 and have their own service rules, so FL-410 does not apply outside family law cases.

What if my respondent has died?

No. A reissued summons cannot be served on a deceased respondent; instead, the case ends or shifts to probate procedures depending on whether the marriage status had been terminated.

Can I file FL-410 if I never had the original summons issued?

No. Reissuance requires an existing summons that is stale or unserved, so a missing original summons must instead be issued for the first time using a fresh Form FL-110 request.

Will FL-410 stop a Rule 3.110 order to show cause?

Yes. Filing FL-410 with a declaration of diligence usually persuades the court to discharge the OSC, especially when service follows soon after reissuance.

Do I need a lawyer to file FL-410?

No. Self-represented parties file FL-410 every day in California, and the court self-help centers provide free help with the form.

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