Legal Question in Civil Litigation in California

Service by mail

How many days can be added for documents served by mail?


Asked on 1/17/04, 3:29 am

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Service by mail

If served by mail within the state of California, and the case is pending in state court, add 5 days. If the case is pending in U.S. District Court, add 3 days.

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Answered on 1/17/04, 3:33 am
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Service by mail

Your question is a little vague because of the way you use the term "added". If you are facing a service deadline and you want to serve by mail, you will have to mail them sooner than if you used personal service and will thus actually *lose* days instead of gaining them, though the recipient of the service does gain some time.

Assuming you are involved in a state court case, service is effective immediately when made personally. It is effective two days later for documents served via fax (which is not allowed unless the other side has agreed in writing to accept fax service) or by overnight courier, five days later if mailed within California, ten days later if mailed to another state, and twenty days later if mailed to another country.

Bear in mind that the summons and complaint generally cannot be served by mail unless the defendant chooses to accept such service. Process may be served on an out-of-state defendant via certified mail, but this method is not available for defendants within California.

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Answered on 1/17/04, 3:52 pm


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