Index: All Pages

Serve requests for discovery by mail

When you've completed the forms for any type of discovery, the next step is to serve the other side in the case by mail. (You may also use personal service, but service by mail is the most common)

You can use these instructions for serving Requests for Admission, Interrogatories, or Requests for Production.

How to serve papers by mail

Choose a server
You can't serve papers yourself. Ask another adult to mail the papers. This is your server.

Your server must be:
- 18 or over
- Not a party in your case
Your server can be someone you know or a professional process server you hire.
Have your server mail the papers

Give the the papers to your server and ask them to mail the papers using regular mail. If the other side in your case has an attorney, they should mail them to the attorney. A copy should be mailed to each attorney or self-represented party in the case.

Your server should note the date they mailed the papers. They need this information to fill out the Proof of Service form.
Have your server fill out a Proof of Service form

You can use Proof of Service by First Class Mail (form POS-030).

It helps if you fill in the top part of the form with the case and court information.

Your server can then fill in the information about how, when, and where they served the papers. Your server must then sign the form.

Keep this form for your records.

The form Attachment to Proof of Service by First-Class Mail - Civil (Persons Served) (form POS-030(P)) can be used and attached, or Attachment to Proof of Service by First-Class Mail - Civil (Documents Served) (form POS-030(D)) can be used and attached, respectively.
Wait for response and follow up if needed
The other side has 35 days to respond when served by mail, except in eviction cases, in which case the time to respond is only 10 days.

If the other side doesn’t respond, you can file a motion with the court. The motions you can file depend on the type of discovery request you made.
If the other side did not answer a Request for Admission

You may file a motion asking the court to treat the requested admissions as true. In other words, the court will consider each of the admissions in the request to be true in court.

If the other side did not answer other types of discovery requests

After communicating directly with the other side to request a response, you may file a motion asking the court to order the other side to respond.

If the other side gave incomplete or evasive answers

After communicating directly with the other side to request further responses, you may file a motion asking the court to order the other side to provide further responses.
Your local Self-Help Center or law library may be able to help you with templates to prepare a motion.

Once you've served the forms for requesting written information, you've completed your part of this task.

Serve requests for discovery by mail

Choose a server

Have your server mail the papers

Have your server fill out a Proof of Service form

Wait for response and follow up if needed

If the other side did not answer a Request for Admission

If the other side did not answer other types of discovery requests

If the other side gave incomplete or evasive answers

Have a question about Civil discovery?