Q: I am Pro Se, opposing counsel asked to electronically serve, can I, as a party, email Form Interrogatories to defense?

A: As a pro se litigant, you can electronically serve discovery requests, including form interrogatories, to opposing counsel, provided that the court's rules allow electronic service and that the opposing party has consented to receive documents electronically. However, there are specific rules regarding the service of discovery requests, including proof of service and, in some cases, declarations of service. It is advisable to review the local court rules or consult the court clerk to ensure you follow the proper procedures. Generally, you can serve the interrogatories yourself, but it's important to maintain a clear record of service, so consider using a method that provides confirmation, such as email with read receipts, or hiring a non-party process server to ensure compliance with the rules. Being meticulous in these details will help protect your case.

A: Yes, you can electronically serve your Form Interrogatories to the defense as a pro se litigant, provided that both parties agree to this method. Since opposing counsel has requested electronic service, it’s likely acceptable in your case. Ensure that you follow any specific instructions they have provided for the electronic transmission to avoid any issues.

Make sure to include all necessary information in your email, such as your contact details and a clear description of the documents you are sending. It’s important to keep a record of the email and any attachments for your files. Additionally, you may need to file a proof of service with the court, which typically involves a declaration stating how and when you served the documents.

There is no requirement to hire someone outside the litigation to handle the service, but being meticulous in following the proper procedures is crucial. Taking these steps will help ensure that your service is recognized as valid and that your discovery process proceeds smoothly. If you have any doubts, consider consulting court resources or seeking limited legal advice to guide you through the process.