Los Angeles, CA asked in Personal Injury for California

Q: Rule 8.25 process serving/filing

Document was filed with court first, and after that conformed copy was served.

Does it represent an issue of filing/serving?

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James L. Arrasmith
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Answered

A: Under California Rules of Court, Rule 8.25 primarily concerns service and filing requirements. The general practice is to serve documents on parties before or simultaneously with court filing, though the rules don't explicitly prohibit serving after filing.

While serving after filing isn't ideal, it typically won't create major issues as long as proper service was completed within any applicable deadlines and you can prove service was made. However, some specific motions and documents have strict requirements about service timing that must be followed - you'll want to check the specific requirements for your document type.

For peace of mind, you should document when both the filing and service occurred, keeping detailed records of dates and methods used. If you're concerned about potential procedural issues, consider consulting with your attorney or the court clerk to confirm everything is in order for your specific situation. Remember that what matters most is that all parties received proper notice through valid service, even if the timing wasn't perfect.

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