Legal Definitions - service by mail

Service by mail is a legal procedure where official court documents or other litigation papers are delivered to an opposing party or their attorney through the postal service. The primary purpose of this method is to provide formal notice of a lawsuit, a motion, or another legal action, ensuring that all parties involved are properly informed of developments in a case.

A key characteristic of service by mail in many jurisdictions is that the service is considered complete at the moment the documents are properly deposited in the mail, rather than when they are actually received by the recipient. This means that once the sender has placed the documents in an official mailbox with correct postage and addressing, the legal requirement for notification has often been met.

Here are some examples illustrating how service by mail operates:

• Example 1: Notifying a Defendant of a Lawsuit

  Imagine a small business, "InnovateTech," decides to sue a former employee, John Doe, for breach of a non-compete agreement. InnovateTech's attorney prepares the official complaint and summons, which are the initial documents that formally begin a lawsuit. Instead of hiring a process server for personal delivery, the attorney opts for service by mail. They place the complaint and summons in a sealed envelope, affix proper postage, and mail it to John Doe's last known residential address. Once the envelope is deposited into a U.S. Postal Service mailbox, InnovateTech has officially "served" John Doe, providing him with legal notice of the lawsuit, even if it takes a few days for the mail to arrive.

• Example 2: Exchanging Documents During an Ongoing Case

  Consider a personal injury lawsuit that has been ongoing for several months. The plaintiff's attorney has just filed a new motion with the court, requesting that certain evidence be excluded from the trial. To inform the defendant's attorney of this new filing, the plaintiff's attorney makes a copy of the motion and the accompanying notice of hearing. They then mail these documents to the defendant's attorney's office address. This mailing constitutes service by mail for a document filed after the initial complaint, ensuring the opposing side is aware of all new filings and has an opportunity to respond.

• Example 3: Notifying Parties of an Administrative Hearing

  Suppose a state's Department of Motor Vehicles (DMV) initiates an administrative action against a driver, Sarah Chen, to suspend her license due to multiple traffic violations. The DMV is required to notify Sarah of the charges against her and the date of the upcoming administrative hearing. An official from the DMV's legal department prepares the formal notice of suspension and hearing. They then mail this document to Sarah's address on file. This act of mailing provides Sarah with the necessary legal notice of the administrative proceeding, allowing her to prepare for the hearing or seek legal counsel.