Q: Can I mail discovery requests to the other party and complete the affidavit of service or do I have to pay a server?
I am representing myself in a limited civil matter and would like to start the discovery process now that an answer has been filed. I want to know if I must have someone serve all my notices and requests like I had to pay for service of the summons or can I mail all discovery requests to the party myself and draft a affidavit of service and get it notarized. Must my request have a certificate of service attached to the requests or is the affidavit fine?
A: Just mail it. Use certified if you want proof of delivery. You do not need an affidavit of service.
Barry E. Janay agrees with this answer
A: Nope. Once the "issue is joined" meaning all necessary parties have put in their appearance in the action (usually just a plaintiff and defendant) then the parties can serve each other via regular mail all notices throughout the remainder of the litigation. Third-parties or newly added parties would still need to be served in the same manner as a summons (i.e. non-party, over the age of 18, personal or substitute service).
A: All service of process must be done via a 3rd party who is not a party to the case. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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