Legal Definitions - certificate of service

A certificate of service is a formal, written declaration included in a legal document filed with a court. It serves as proof that the party filing the document has sent a copy of it to all other individuals or entities involved in the lawsuit or legal proceeding. This ensures that every party is properly informed about new filings, motions, or other communications, upholding the principle of due process and fair notice.

Typically, a certificate of service is not required for the very first document that starts a lawsuit (like a complaint), as that document is usually filed before it is formally delivered to the other side. However, for almost all subsequent documents filed with the court, a certificate of service is mandatory.

Here are some examples of how a certificate of service is used:

• Filing a Motion: Imagine a defendant in a civil case wants to ask the judge to dismiss the lawsuit because they believe the plaintiff's claims are legally insufficient. When the defendant's attorney drafts and files a "Motion to Dismiss" with the court, they must include a certificate of service at the end of the document. This certificate formally states that a copy of the motion has been mailed or electronically delivered to the plaintiff's attorney. This ensures the plaintiff is aware of the motion and has the opportunity to respond to it before the judge makes a decision.

• Responding to Discovery Requests: During the "discovery" phase of a lawsuit, parties exchange information and documents. If a plaintiff receives a request from the defendant to provide specific documents, when the plaintiff files their "Response to Request for Production of Documents" with the court, they will attach a certificate of service. This certifies that a copy of their response (and potentially the documents themselves) was sent to the defendant's attorney, confirming that the information has been shared as required.

• Submitting a Proposed Order: After a hearing, a judge might ask one of the attorneys to draft a formal order reflecting the judge's ruling. When the attorney files this "Proposed Order" with the court for the judge's signature, they must include a certificate of service. This confirms that all other parties have also received a copy of the proposed order, allowing them to review it and raise any objections if they believe it does not accurately reflect the judge's decision.