Legal Question in Administrative Law in California

Serving Proof of Service

I am a plaintiff in pro per. I am making the first amendment of my complaint and filing it with the superior court in a civil case lawsuit.

Is my wife legally allowed to serve the papers by mail? The lawsuit is between me v. the defendants. So, my wife's name does not appear on my complaint and summons

Thank you for clarification.


Asked on 10/06/07, 7:35 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Serving Proof of Service

Why are you a plaintiff in pro per? The fact you don't even know how to serve a First Amended Complaint suggests you will soon be up to your ears in quicksand. Your wife, or anybody over age 18, can serve it. Attach the proof of service to the back of your pleading. Go to the courthouse and look up examples of other peoples' filings.

Read more
Answered on 10/06/07, 7:43 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Serving Proof of Service

Yes, your wife can do the service of process. Whether service by mail is proper depends upon whether the parties being served have previously been served. If you are adding parties, they must be served with the summons and amended complaint in person or by another method approved for service of the original summons and complaint.

Read more
Answered on 10/07/07, 6:12 pm


Related Questions & Answers

More Administrative Law questions and answers in California