Serve your response to a request for discovery

You can't serve papers yourself. Ask another adult – a server – to mail the papers.   

Your server must be: 

• 18 or over, and 

• Not part of your case 

Your server can be: 

• Someone you know 

• A professional process server you hire 

Your server must mail the papers no later than 30 days after the discovery request was personally delivered to you, or 35 days after the request was mailed to you from within California 

There are a few exceptions: 

• If it was mailed between, to, or from another state in the United States, time is extended to 40 days
• If it was mailed to or from outside the United States, time is extended to 50 days
• If the last day to serve falls on a weekend or a court holiday, the last day to serve is extended to the next day the court is open
• If there is a substantial amount of discovery, the opposing side may agree to extend the time to respond, especially if you ask early for the extension

Your server must mail your response to the other side or the other side's attorney by the deadline or you may be penalized by the court. 

If you've received a Request for Production and are providing documents, you may be able to include these with the response when you serve it. It depends on the instructions in your Request or in other communications from the other side.

Tell your server to write down the date they mailed the papers. Your server needs this date to fill out the Proof of Service by First Class Mail form.

You can use Proof of Personal Service by First Class Mail (form POS-030).  

It helps if you fill in the top part of the form with the case and court information.    

Your server can then fill in the information about how, when, and where they served the papers. Your server must sign the form. 

Keep the original Proof of Service by First Class Mail form for your records.