Having a friend Serve a MOTION by mail in California.

[ADSOFT]

I'm reading Nolo's, "Win You Lawsuit", for Calif Superior Courts.

It states in Chapter 7 that as the case proceeds you will have to file other documents.

It states that you can have a friend serve the documents by placing the documents in the mail and filing out POS-030, Proof of Service by First Class Mail-Civil.

I have a few questions:

1) Do you mail the document with a signed statment from the server and then file the document with the POS-030(whom your friend fills out after mailing the document) or

2) Do you have your friend fill out POS-030, PHOTO it and mail it with the docoument and then file both the document and POS-030(Proof of Service) at the court house?

The document I recieved from the plantiff only have a signed statement from the server but I never recieve the actual proof of service that is filed in the court.

Nolo doesn't match with the way I'm getting documents from the plantiff???

Edited April 14, 2010 by ADSOFT

[Guest usctrojanalum]

Proof of service is usually just a document for the court it is not something you would send to another party.

[debtorshusband]

2) Do you have your friend fill out POS-030, PHOTO it and mail it with the docoument and then file both the document and POS-030(Proof of Service) at the court house?

This one. In my case, documents sent to us by the plaintiff and those sent by my attorney to the plaintiff had a Proof Service statement as the last page (POS-030 wasn't used), and a copy of it was attached as the last page filed with the court. This applied to Case Management Statements, Memorandum of Costs. Discovery requests (Requests for Admissions, Interrogatories, Request for Production of Documents) are not filed with the court, put a POS was attached to the documents sent and received.

Regards,

DH

[chuckygee]

I'm reading Nolo's, "Win You Lawsuit", for Calif Superior Courts.

I read parts of the same book. The library did not have the full version, so I used this one for strategies. A caveat for those outside of California, some of the advice is specific it Cali. I am waiting to receive my copy of the "Represent Yourself in Court - How to Prepare & Try a Winning Case"

[calawyer]

Here is the correct way to do it:

Fill out the proof of service with everything BUT the signature (you can put a "/s/" in the signature line if you want to.

Have the friend mail the document along with the proof with the "/s/" to the party being served.

THEN the friend signs the proof. Make a copy and file the document and the proof with the court.

Sounds confusing but if you think about it, the proof says "I mailed the CMC statement by putting it in an envelope and putting the envelope in a mailbox." It doesn't say, "I am going to mail the CMC statement by putting it in an envelope and putting the envelope in a mailbox." If your friend signs it then mails it, he has not told the truth.

Having said this, I will tell you that NO ONE does this correctly and I get proofs all the time that are signed together with the document mailed. But I once had an issue with a proof of service and the Judge was quite surprised that I had done it correctly.

[ADSOFT]

Here is the correct way to do it:

Fill out the proof of service with everything BUT the signature (you can put a "/s/" in the signature line if you want to.

Have the friend mail the document along with the proof with the "/s/" to the party being served.

THEN the friend signs the proof. Make a copy and file the document and the proof with the court.

Sounds confusing but if you think about it, the proof says "I mailed the CMC statement by putting it in an envelope and putting the envelope in a mailbox." It doesn't say, "I am going to mail the CMC statement by putting it in an envelope and putting the envelope in a mailbox." If your friend signs it then mails it, he has not told the truth.

Having said this, I will tell you that NO ONE does this correctly and I get proofs all the time that are signed together with the document mailed. But I once had an issue with a proof of service and the Judge was quite surprised that I had done it correctly.

Thanks Calawyer,

So you are saying that you send and non signed copy of POS-030 along with the documents?

Do you also include a signed statement, that the server is over 18, etc, ...???? Most of the documents I have recieved have a signed statement by the person who mailed them on the last page. ... I haven't gone to the court to look for POS-030 along with it??