9015     1/22/08. Lawyerdude1989@yahoo.com Dlawyerdude@gmail.com 888 476 8954

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Lesson 26. How to file court documents by mail.

Filing by mail is old stuff. Before good transportation it was easier to mail.

In federal courts and some state courts you can file by e-mail.

Here are some tips:

1.         Include sufficient duplicate originals. Send only duplicate originals if possible. The term comes from the federal rules. A “duplicate original” is simply an original. An original bears your signature rather than a copy of your signature. After you make copies then affix your signatures. Don’t worry; You can convert a copy into a duplicate original simply by signing again near your copied signature.

2.         For a criminal case in state court, the court will need only 1 original. That’s all. You can check the rules or make a telephone call to find out.

3.         Send them sufficient front pages for them to conform. One is sufficient. You can copy/ scan it when it comes back in the SASE - self-addressed stamped envelope.

4.         Pay some attention to the proof of service that I write for you in every motion. A defective proof of service is a common reason for documents to be rejected. Proof of service by mail is so easy!

5.         You serve the prosecution first; you serve them before you file with the court; you serve them by mail. As a practical matter, but the court and the prosecution get served at the same time. You drop two envelopes in the mail at the same time at your mail box. They receive them at the same time at the court house. No certified mail or any of that other PNJ (patriot nutjob) foolishness.

6.         Do not send by certified mail or any such waste of money. Just put on the correct postage for plain old first class postage.

7.         Here is how to figure postage, dumbass. One stamp carries the envelope and 4 pieces of papers. One stamp can carry the entire load. Example: If you have a 1 page motion then you would send

            a.         that a page motion,

            b.         you cover letter

            c.          a duplicate original for the clerk to mail back to you.

            d.         a self-addressed stamped envelope.

8.         Enclose a self-addressed stamped envelope. Usually one stamp will suffice on that envelope.

9.         Send a cover letter. Include your telephone number, email address and other details in your cover letter. You may want to send my toll free number 888 476 8954 and ask them to call me if there is a problem.

10.       They may want to send you back a file-stamped (conforming) 32 page document. Stop them from doing that by explaining in the cover letter that you want only the front page conformed.

11.       If you are filing on short notice them simply ask (in the caption) for an order shortening time. Example: “Application for Order Shortening Time.” No further words are necessary in the body of the motion.

12.       Send a courtesy copy to the judge if appropriate; it is sometimes required. Sometimes the court will deliver the extra copy to the judge. Sometimes you won’t know who the judge is.

13.       Send an email to the court including your cover letter and the motion. Explain in the cover letter that the email is purely advisory; the motion will be filed by mail.

Any questions? Send me an email: Lawyerdude1989@yahoo.com