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?
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 Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
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.
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certainly agree with Frank Wei-Hong Chen’s response. It’s very accurate and to the point.
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