SPARC Forums
Main Forums => Dear Socrateaser => Topic started by: TJRodolph on Mar 02, 2006, 07:17:59 AM
The Affidavit of Service By Mail form that I use I got from my county's website.....and it says
"....I served the attached documents, namely ______________ upon the Plaintiff by mail service including a true and correct copy of the documents in an envelope addressed to the petitioner at her last known address of _______ and depositing the envelope with sufficient postage in the US Mail at the Post Office located in the city of ____ State of_____."
I have used this form numerous times but have never included actual copies of the motion, affidavit or enclosures when I send it in to the courts as proof of service. I figure they already have all the copies since I filed the motion, affidavit and enclosures with them to start with. Court has never questioned me regarding the form.
Question:
1. Could it be a problem if I don't attach anything to the form, as long as all the documents are listed after the word "namely"?
>Question:
>1. Could it be a problem if I don't attach anything to the
>form, as long as all the documents are listed after the word
>"namely"?
As long as the court has the original of the motion and the proof of service, and all parties to the case are served copies of what was filed with the court, then it doesn't matter that the proof of service is not attached to the motion.
Ok thanks. I was just a little worried with technicalities, as the proof of service by mail says "I served the attached documents"...when in fact the person signing the service by mail didn't attach copies to that Affidavit of Service by Mail...but she did mail the original affidavit of service by mail to the court.
>Ok thanks. I was just a little worried with technicalities,
>as the proof of service by mail says "I served the attached
>documents"...when in fact the person signing the service by
>mail didn't attach copies to that Affidavit of Service by
>Mail...but she did mail the original affidavit of service by
>mail to the court.
In the future, replace the word "attached" with "following-described."
Gotcha. Just updated the form on my hard drive for future use. THANKS!