不知道大家在翻译时有没有遇见过有关法律文书送达的内容，会不会因为某个词或某句话应该如何翻译而苦恼。对于英语翻译来说，如何使用地道的英语表达讲述中国故事是至关重要的。本人认为在提笔前最好先了解一下英美国家有关法律文书送达的法律法规，总结相关表述方式，举一反三，事半功倍。本人在查找相关资料时发现，California Courts对适用于加州的法律文书送达方式进行了详细解释，其中使用的表达方式值得参考，下文列举了三种常用的送达方式（中国也适用，当然规定不同）：

1. Personal service - 直接送达

相关规定：

“Personal service” means that someone - NOT a party to the case - must personally deliver the court documents to the other side.

In “personal service”:

The server gives the papers to the party being served. It can be at the party’s home, work, or anywhere on the street.

The server has to identify the party being served and hand the legal papers to him or her and inform him or her that they are court papers.

If the party being served does not want to take papers, they can be left on the ground in front of him or her. If he or she takes the papers and tears them up or throws them away, service is still considered to be valid. The person being served does not have to sign anything.

The server then fills out a proof of service, detailing when, where, and how (in person) the papers were served. The server signs the proof of service and returns it to you to file in court.

Personal service is complete the day the papers are served.

小结：

就直接送达而言，送达人须先确认受送达人的身份，然后将法律文件送交受送达人，并告知受送达人送交的是法庭文件；然后，由送达人填写送达证明，其中须注明文件送达的时间、地点以及方式，再在上面签字，最后交给受送达人，送交法院存档。法庭文件送达的当天为送达之日。送达人可以在受送达人的家中、工作地或在街上将法庭文件送交受送达人。

2. Service by mail - 邮寄送达

相关规定：

In “service by mail”, someone - NOT a party to the case - must mail the documents to the other party. Make sure service by mail is allowed before you use this method to serve your papers.

For “service by mail”:

The server mails the papers to the party being served. If the party being served is a person, the papers can be mailed to his or her home or mailing address. If it is a business, the papers must be mailed the owner(s) at the business’s main office. If the business has an agent for service, the papers should be mailed to the agent for service.

The server then fills out a Proof of Service, detailing to whom the papers were mailed, to what address, when, how (by first-class mail), and where they are mailed from. The server signs the Proof of Service and returns it to you to file in court.

Service by mail is complete 5 days after the papers are mailed.

小结：

就邮寄送达而言，送达人以邮寄方式将法庭文件送交受送达人，然后填写送达证明，其中应注明收件方、邮寄地址、邮寄时间和方式、寄件地址，再在上面签字，最后交给受送达人，送交法院存档。法庭文件邮寄后五天视为送达。若受送达人为公民，法庭文件可寄至受送达人的家中或邮寄地址；若受送达人为企业，法庭文件必须寄至公司总部，且收件人必须为企业负责人；若企业有代收人，法庭文件必须寄至代收人处。

3. Service by publication - 公告送达

相关规定：

“Service by publication” means that you publish the summons and complaint in a newspaper of general circulation in the area where the other side is likely to be. You have to ask the court’s permission to do this. It is usually used when you do not know how to find the other side and do not have an address or workplace for him or her.

Before the court will give you permission to serve by publication, you will have to prove to the court that you tried as hard as possible to find the other side. Every court is slightly different in what they require, but most require at least that you try to find the other side at his or her last known address or last known work, mail letters to the last known address with forwarding address requested, call the other side’s friends and family or ex-coworkers to ask about his or her whereabouts, look for the other side in the phone book for any city where he or she is likely to be, and search on the Internet.

Once you have taken all the steps your court requires before asking to serve by publication:

Write up a “Declaration of Due Diligence,” which is a document where you tell the court every attempt you made to find the other side. Include as much detail as possible. For example, if you called friends and family, write down the dates and what they told you. If you mailed a letter to the last known address, explain when you sent it, what address you sent it to, and what the result was. You have to sign this document under penalty of perjury.

Complete an ex parte request for the court order allowing you to serve by publication. You must also attach a proposed order.

If the court grants your request to serve by publication, the judge will sign your proposed order, and allow you to publish your court document in a newspaper of general circulation in the area.

You can make these arrangements with the newspaper. Court clerks usually have a list of newspapers that the court accepts for this purpose. You will have to publish it for 4 weeks in a row, at least once a week.

The newspaper must give you an affidavit showing the time and place the document was published.

Service by publication is complete at the end of the 28th day after the first date the summons and complaint are published in the newspaper.

小结：

就公告送达而言，须获得法院许可。要想取得法院许可，需按照下列步骤行事：要求公告送达的一方须准备一份尽职调查声明，尽可能详细地记录寻找另一方的过程，告知法院你已

用尽一切办法但依然找不到另一方；然后在声明上签字，表明如有不实，愿受伪证罪处罚；出具单方请求，请求法庭下令允许公告送达，须随附拟议命令；若法院批准，法官会在拟议命令上签字，准许公告送达。传票和诉状登报后二十八天视为送达。需要注意的是，如何证明要求公告送达的一方已竭尽所能寻找另一方。每个法院的规定可能不一样，但至少应做到以下几点：试图在另一方的最后已知地址或工作地寻找，向另一方的最后已知地址寄信（须随附转寄地址），给另一方的朋友、家人、前同事打电话询问下落，通过网络渠道搜寻。

参考：

https://www.courts.ca.gov/selfhelp-serving.htm