Legal Question in Civil Litigation in California

if I (as the Plaintiff) mail a moving paper (Opposition to a Motion) to a defendant with (guaranteed) overnight delivery, does it still require 5 days for mail before it is considered served?

Asked on 2/08/12, 5:34 am

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

You shouldn't be mailing (serving) your own documents. You should have a friend or relative do it. Overnight mail is considered served in two -- rather than five -- days.

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Answered on 2/08/12, 8:23 am

Timothy McCormick Libris Solutions - Dispute Resolution Services

There are special rules for service of opposition and reply to motions. Neither the 5 nor two day rules apply. In addition, Mr. Cohen is correct - you cannot serve papers yourself. A proof of service signed by you is invalid because you are a party to the action.

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Answered on 2/08/12, 11:02 am

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