If I recently had a defendant served a complaint I filed with the circuit court, do I have to serve every communication to the defendant and his attorney or can I send motions, etc. through the mail?
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If I recently had a defendant served a complaint I filed with the circuit court, do I have to serve every communication to the defendant and his attorney or can I send motions, etc. through the mail?
I am acting pro se.
Asked on February 26, 2013 under Personal Injury, Virginia
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Other written items you send to the defendant's attorney, you can serve by mail. This means just sending the document with an attached proof of service. You can either use a court form proof of service or you can write your own proof of service. If you write your own proof of service, it just says that you are at least eighteen years of age and the attached documents were sent via first class mail unless stated otherwise to ____________ (name and address of defendant's attorney) on _________ (date). You sign and date at the bottom. The date you sign the proof of service should be the same as the date of mailing.
If there are documents you are filing with the court such as a motion, you would file it with the court and serve it by mail by using the same procedure above of enclosing a proof of service with the copy of the document mailed to the defendant's attorney. The date of mailing on the proof of service should be the same date you file the document with the court and the same date you sign the proof of service.
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