Serving Documents by Mail

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Step 1: Complete Forms and Make Photocopies

Complete the forms or documents you wish to have served.

In some cases you must file separate documents, such as a Separate Statement of Disputed Facts or multiple declarations. Any separate documents will be treated exactly like the main document.

Make one complete photocopy of each document for each party, plus an optional extra copy for the court to stamp (“endorse)” and return to you. (The court will only endorse one copy for you.) Make an additional copy for yourself, if you want one for your records while you wait for the court to return the endorsed copies, which may take up to six weeks if you submit by mail or drop-box.

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Step 2: Select Your Server

Crucial: Documents must be served by someone over 18 who is not a party to the case. If not, the paperwork will be invalid.

This person is called the “server.”

Give the copies you made in Step 1 to the server.

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Step 3: Fill out Proof of Service by Mail Form

The server can complete this step and the next step if preferred. A sample completed form with instructions is at the end of this Guide.

Fill out the caption, the name(s) of the documents being served in Item 3, and the name(s) and addresses of the parties in Item 5 of Proof of Service by Mail (POS-030). Leave items 2, the rest of 3, and 4 blank for the server to complete.

If more than one party is being served, attach Attachment to Proof of Service by First-Class Mail – Civil (Persons Served) (POS-030(P)), and list all persons to whom copies were mailed.

If there is not enough room on Proof of Service by Mail (POS-030) to list all the documents being served, attach Attachment to Proof of Service by First-Class Mail – Civil (Documents Served) (POS-030(D)), and list each document served.

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Step 4: Photocopy the Proof of Service Form

Make a photocopy of the unsigned Proof of Service (POS-030) (and attachments, if used) for each party to be served. Give those copies to the server, as well.

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Step 5: Prepare the Documents to be Served

The party can prepare these ahead of time, or have the server do it.

For each party to be served, put one copy of the document or documents to be served in an envelope, along with a copy of the unsigned Proof of Service (POS-030).

Address the envelope(s) to the attorney(s) or self-represented party(s) being served. If the party is represented by an attorney, the attorney, rather than the party, should be served. Use the listed in the caption of their most recent court papers.

Adequate postage must be on the envelope. Make a copy of the envelope for the records of the party for whom you are serving the documents.

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Step 1: Mail the Documents

Deposit the envelope with the US Postal Service, either at the post office or in a regular USPS mail box. If your place of business has regular mail pick-up, and mail deposited in the business’s outgoing mail is delivered to the post office the same day, the envelope may be placed in your business’s outgoing mail drop.

Use standard first class mail. You do not need to use certified mail or any other special type of delivery.

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Step 2: Sign the Original Proof of Service Form and Return to Party

Sign the Proof of Service using a blue or black ink pen. This signed version is sometimes called the “wet” signature as opposed to copies of the signature, and the court needs this specific version filed.

You will be signing under penalty of perjury that you mailed the documents on the date and location the Proof of Service says.

Return the signed Proof of Service to the party.