Legal Question in Civil Litigation in Pennsylvania

Service of process?

I'm involved in a civil lawsuit, and I just received in regular, unmarked mail a request to answer interrogatories and a request for production of documents from the other side. I asked the courthouse about the production of documents, and they told me that any request for documents has to be served by subpoena, so I am assuming I should wait for a subpoena on that part, but I'm wondering about the interrogatories. They are not stamped into the courthouse, am I mistaken in thinking that they should have been filed with the courthouse in addition to being sent to me? Anything I have sent to the other party I have stamped in and sent via certified mail. Is it not necessary to do this? Am I wasting time and money by doing this?


Asked on 6/04/08, 7:03 pm

2 Answers from Attorneys
John Davidson Law Office of John A. Davidson

Re: Service of process?

First court house personnel can't give you legal advice. I've been in a lot of court houses all over PA and those signs are there.

Second, if you are in a lawsuit that involves interrogatories and you don't have an attorney why not?

Finally, interrogatories and request for production of documents don't require special service. See the Rules of Civil Procedure.

If you have any questions feel free to contact me. The initial consultation is free.

{John}

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Answered on 6/04/08, 7:34 pm
John Gibson John W. Gibson, Esquire

Re: Service of process?

Last question first. Yes, you are wasting money. It's not necessary to do this. Discovery materials such as Interrogatories and Request for Production are not filed with the Court although the Answers and Response may be filed in support of motions for summary judgment.

If you are not a party the person at the Courthouse may be correct. In order for one of the parties to engage in discovery against a third person there are certain rules that must be followed and your County may very well require a subpoena be served before you are required to produce documents. If you are a party, though, I'm not ware of any such requirement.

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Answered on 6/12/08, 10:01 am


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