Legal Question in Civil Litigation in California

1. Yes. 2. No. 3. Normally you would file the document with the proof of service attached. 4. Don't file anything with the court without simultaneously serving all other parties. 5

You don't know what you are doing. If winning the case is important to you, use a lawyer.

1. Yes, if he is not a party to the action.

2. No, you are a party to the action and cannot serve papers.

3. You just file the proof of service. You should use this form: http://www.courtinfo.ca.gov/forms/fillable/pos030.pdf

4. The proof of service should have been attached to the answer.

I disagree with the other attorneys on number 1. The person serving the papers cannot have any legal interest in the outcome of the case. That doesn't mean they must be entirely disinterested, but they must not have an legal interest. In a community property state, a spouse most likely has a legal interest in the outcome. Even in the rare case that it is a totally separate liability or debt, why chance the service being invalidated. Have a friend drop it in the mail and sign the proof.

I also agree with Mr. Stone on his additional #5. If the plaintiff has an attorney you will without question lose the case unless you hire an attorney. In nearly 25 years of litigation practice I have never once even heard, much less seen, a self-represented non-attorney win a case against an attorney. As he likes to say, "If you think you can't afford an attorney, you must be able to afford to lose the case."

I disagree with Mr. McCormick as to a portion of the last paragraph. I have seen individuals win rare cases against a party represented by an attorney. But that's because the attorney's client's case was not very good, and the attorney just didn't have all of the necessary evidence to prevail.

Also, some self-represented parties are smarter than others.

As to wife serving where husband is a party, and vice-versa, I blieve I recall a case saying this was okay. Also, the statutes, such as Code of Civil Procedure 1013 and 1013a, refer only to "not a party," as do the Judicial Council proof of service forms. On that basis, I'd say a spouse who is not a party may perform proof of service signing functions. After some research, I could not find the case, but I'm still pretty sure it exists. On this basis, I tentatively disagree with Mr. McCormick's answer, both paragraphs.