Legal Question in Civil Rights Law in California

I filed a response to Complaint against me yesterday at the court. The clerk said I need to send the conformed copies to the plaintiff's attorney along with an unsigned Declaration of Mailing. He didn't say anything about filing that declaration with the court, but the form's vague instructions say," After the copies are deposited in the mail, the person who mailed them must fill out and sign this form attached as the last page of the originals for filing. (Code Civ. Proc., � 1013(b).)

So do I now have to return to the courthouse and file this single page?


Asked on 4/09/13, 9:30 am

1 Answer from Attorneys
Charles Perry Law Offices of Charles R. Perry

I have always considered it good practice to file proofs of service with the court. Since the proof of service is indeed usually attached to the original, it automatically gets filed. On occasion, however, the proof of service can be filed separately.

More important, however, is that you serve the response to the complaint on the other parties to the case.

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Answered on 4/09/13, 9:39 am


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