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Discovery Requests to be SERVED to the Plaintiff's Counsel, or addressed to both the Plaintiff and Plaintiff's Counsel?

Morgan Hill, CA |

I have a Form DISC-020 for Request for Admission -- On the Answering Party --should I put the Plaintiff, or both the Plaintiff and their Attorney-of-Record? Also, can I mail it myself using certified mail?

Thank you

Attorney Answers 3

  1. Best answer

    Unless the plaintiff is representing him/her/itself in pro per, you serve the discovery requests on the plaintiff's counsel of record.

    You normally mail the discovery requests, but if you are the defendant, you cannot serve anything yourself. You must have a third party adult serve the documents and sign the proof of service.

    Certified mail is not required. Use regular mail, or use overnight mail (such as Federal Express or USPS Overnight Mail).

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

  2. They are directed to the party, only, but are served on the party's attorney. Regular U.S. mail is OK but you cannot serve them yourself. Certified mail is not authorized.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

  3. certainly agree with Frank Wei-Hong Chen’s response. It’s very accurate and to the point.

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