Legal Question in Civil Litigation in California

is an Attorney a Party to an Action?

When filling out 'Proof of Service by First Class Mail - Civil' to comply with filing rules, the form states that the person signing off on it cannot be a ''party to the action''.

Does that mean that an attorney representing the defendant in a case cannot submit the form? It would seem that an attorney is not a party to the case, but I can't find a rule to alleviate this concern.

Thank you for any clarification!


Asked on 4/22/09, 5:04 pm

3 Answers from Attorneys
Joel Selik www.SelikLaw.com

Re: is an Attorney a Party to an Action?

Attorney is not a party.

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Answered on 4/22/09, 5:06 pm
Russell Kohn Kohn Law Office

Re: is an Attorney a Party to an Action?

No, an attorney is not a party merely because he represents a party. An attorney may serve documents in the case and sign a proof of service.

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Answered on 4/22/09, 5:07 pm
Scott Linden Scott H. Linden, Esq.

Re: is an Attorney a Party to an Action?

Unless named in the lawsuit, an attorney is generally NOT part of the litigation and can sign most documents...although Proofs of Service are usually signed by the attorney's assistant and not the attorney themselves.

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Answered on 4/22/09, 6:57 pm


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