Should a preliminary injunction motion and default request share a proof of service?

Usually, one proof of service is sufficient if both documents are served on the same recipient, by the same method, on the same date. List each document separately on the proof. Use separate proofs if the recipients, service dates, or methods differ.

If this is a California state-court case

California’s proof-of-service form allows the server to list multiple documents served. The Judicial Council’s POS-040 form also provides an attachment for additional documents. One proof can therefore cover both the preliminary-injunction motion and the request for entry of default when the service details are the same.[3]

A key qualification: the request for entry of default may have its own service requirement. Before default is entered, California requires mailing a copy of the request to the defendant, subject to statutory exceptions. That mailing may occur on a different date or by a different method than service of the injunction motion, so document it separately if the service details differ. The California Courts’ guidance also instructs plaintiffs to mail the request for default to the defendant.[4]

If this is a federal case

A preliminary-injunction motion requires notice to the adverse party. But Rule 5 generally does not require service on a party in default for failing to appear:

“No service is required on a party who is in default for failing to appear.”[1]

So, if the defendant has defaulted by failing to appear, the injunction motion still must meet Rule 65’s notice requirement, while the default request may not need Rule 5 service on that defendant. Check the assigned court’s local rules and any case-specific order. In the Central District of California, electronically filed documents generally generate a Notice of Electronic Filing that serves appearing counsel registered for electronic service; persons not covered by that service must be served by another authorized method.[2]

Practical approach

If you serve both documents together on the same person by the same method, use one proof listing both documents. If the request for default must be mailed separately, or the motion must be served differently, use separate proofs so the record accurately shows each service event.