Legal Definitions - declaration of mailing

A declaration of mailing is a formal, written statement filed with a court, confirming that specific legal documents were sent to the appropriate individuals or parties by mail. This document serves as official proof that a party has fulfilled their legal obligation to notify others of a lawsuit, a court hearing, or other important legal proceedings.

It is crucial because it ensures that all involved parties receive proper notice, upholding the principle of due process. The person who mailed the documents typically signs the declaration under penalty of perjury, affirming the truthfulness of the statement and providing the court with reliable evidence of service, even if the recipient later denies receiving the mail.

Here are some examples illustrating the application of a declaration of mailing:

• Divorce Proceedings: Imagine Sarah has filed a motion in family court to modify the child custody arrangement with her ex-husband, Mark. After preparing the legal documents for the motion, Sarah mails a copy to Mark's last known address. To inform the court that Mark has been properly notified, Sarah's attorney will then prepare and file a declaration of mailing. This document will state that the motion papers were sent to Mark on a specific date and address. This declaration provides the court with proof that Mark received notice of the proposed changes, allowing the court to proceed with scheduling a hearing on the motion, even if Mark later claims he never got the mail.

• Small Claims Court: Consider a situation where a small business, "TechRepair Solutions," is suing a former client, David, for an unpaid invoice for computer repair services. TechRepair Solutions mails the official summons and complaint (the documents initiating the lawsuit) to David's residential address. To demonstrate to the small claims court that David has been formally served with the lawsuit, a representative from TechRepair Solutions must file a declaration of mailing. This declaration, signed under penalty of perjury, confirms that the legal documents were sent to David, providing the court with the necessary evidence that David has been properly informed of the legal action against him and has an opportunity to respond.