How to Mail Court Documents (2025 Guide)

Court documents being prepared for mailing with certified mail

Important: Check Your Court's Rules First

Court procedures vary significantly by jurisdiction. Before mailing court documents:

• Check your specific court's local rules
• Verify which documents can be mailed vs. must be filed in person
• Confirm acceptable mailing methods
• Note any specific addressing requirements

Quick Answer: Mailing Court Documents

Filing with court: Mail to clerk's office (if permitted)
Serving other parties: Mail copies to all parties in the case
Best method: Certified Mail with Return Receipt
Required after: File Proof of Service with the court

Mailing court documents involves two separate processes: filing documents with the court and serving court documents by mail on other parties. Both have specific rules that must be followed carefully. Missing a deadline or improperly serving documents can result in dismissed filings or delayed cases. This guide explains how to mail court papers to the clerk and how to serve opposing parties by certified mail, including proof of service by mail requirements.

USPS Delivery Time Estimator

Choose your sending and destination states to estimate how long First-Class and Priority Mail usually take to arrive.

Open the estimator

Filing vs. Service: Key Difference

Understanding the difference between filing and service is critical:

Filing	Service
Submitting documents to the court	Providing copies to other parties
Goes to the clerk of court	Goes to opposing parties/attorneys
Becomes part of official court record	Ensures all parties have notice
Usually requires filing fee	Usually just mailing costs
Include original documents	Send copies only

For most court filings, you must do both: file the original with the court AND serve copies on all other parties. For more on service requirements, see our guide on what counts as service by mail.

Filing Documents with the Court by Mail

Many courts accept documents filed by mail, though rules vary:

Step 1: Verify Court Accepts Mail Filings

Check the court's website or local rules
Call the clerk's office if unclear
Note any restrictions (some documents must be filed in person)
Check if e-filing is available/required

Step 2: Prepare Documents

Include all required copies (usually original + copies for each party)
Sign and date all documents requiring signatures
Include case number on all pages (if case already filed)
Include filing fee payment if required
Include a self-addressed stamped envelope for return of file-stamped copies

Step 3: Address to the Clerk

Address to "Clerk of Court" at the courthouse address
Include division or department if applicable
Use the address from the court's website or documents

Step 4: Mail via Certified Mail

Use Certified Mail with Return Receipt Requested
This proves when court received documents
Keep receipt and tracking information

Filing Deadline Tip

For deadline purposes, some courts consider documents filed when mailed (postmark date), while others consider them filed when received. Check your court's rules carefully. If unsure, mail early or file in person/electronically to ensure you meet the deadline.

Serving Documents on Other Parties

After initial service (which usually requires personal service), subsequent documents can typically be served by mail. For detailed guidance on initial service requirements, see our guide on how to serve someone by certified mail.

Can Usually Be Served by Mail

• Motions and responses
• Discovery requests and responses
• Notices of hearing
• Briefs and memoranda
• Proposed orders
• Any documents after initial service

Usually Cannot Be Served by Mail

• Initial complaint/summons (requires personal service)
• Subpoenas in some jurisdictions
• Restraining orders
• Documents specifically requiring personal service

Service by Mail Procedure

Make copies for each party (or their attorney if represented)
Mail to the address of record (usually the address on file with the court)
If a party has an attorney, serve the attorney, not the party directly
Keep proof of mailing (certified mail receipt)
Prepare and file Proof of Service with the court

Serving Court Documents by Certified Mail

Certified mail is the preferred method for mailing court documents because it provides:

Proof of mailing: Receipt shows date mailed
Tracking: Verify delivery occurred
Return receipt: Signature proof of receipt
Court acceptance: Widely recognized as proper service

At the Post Office

Request "Certified Mail with Return Receipt Requested"
Complete PS Form 3800 (certified mail receipt)
Complete PS Form 3811 (green card return receipt)
Pay postage and fees
Keep your receipt with tracking number

Filing Proof of Service by Mail

After serving court documents on other parties, you must file a Proof of Service with the court. This document:

States what documents were served
States when they were served (date mailed)
States how they were served (by mail, certified mail, etc.)
States to whom they were served (names and addresses)
Is signed under penalty of perjury

Sample Proof of Service by Mail Language

PROOF OF SERVICE BY MAIL

I, [Your Name], declare:

I am over 18 years of age and not a party to this action. My business/residence address is [Your Address].

On [Date], I served the following documents:

[List documents served]

by placing true copies in a sealed envelope addressed to:

[Name and Address of Each Person Served]

I deposited the envelope(s) in the United States mail at [City, State], with postage fully prepaid. Service was made by: [ ] First-class mail [X] Certified mail, return receipt requested (Article Number: [tracking number])

I declare under penalty of perjury under the laws of the State of [State] that the foregoing is true and correct.

Executed on [Date] at [City, State].

_____________________
[Signature]
[Printed Name]

Important Notes

Many courts have their own Proof of Service forms - use them if available
The person serving usually cannot be a party to the case
Include the certified mail tracking number if used
File the Proof of Service with the court promptly

Understanding Deadlines

When using mail service, extra days are often added to deadlines. The following are illustrative examples only:

Court System	Extra Days for Mail Service
Federal Courts (FRCP)	Add 3 days
California	Add 5 days (within state)
New York	Add 5 days
Texas	Add 3 days

These are examples only—always confirm current rules with your specific court or local civil procedure rules. The added days account for mail delivery time, giving the recipient time to respond after actually receiving the documents.

Common Court Documents and Mailing

Motions

File original with court, serve copies on all parties. Mail service typically allowed after initial service.

Discovery Requests

Usually served on parties only (not filed with court). Mail service typically allowed.

Responses and Replies

File with court, serve on parties. Mail service allowed.

Appeals

Strict deadlines. Verify filing method with appellate court clerk. Many require specific mailing procedures.

Send Court Documents by Certified Mail

Skip the post office. Upload your documents and we print and send them via USPS Certified Mail with Return Receipt. Same-day processing, full tracking, and proof of service documentation.

Send Certified Mail Online

FAQs

Can I mail court documents instead of filing in person?

Many courts accept documents filed by mail, but rules vary significantly by jurisdiction. Some courts require in-person filing for certain documents, especially initial filings. Always check your specific court's local rules before mailing court papers.

Should I use certified mail for court documents?

Yes, using certified mail for court documents with return receipt is strongly recommended. It provides proof of when you mailed the documents and when the court or other party received them. This is critical for meeting filing deadlines and proving service.

What is a proof of service by mail?

A proof of service by mail is a document filed with the court that describes how, when, and to whom you served copies of court documents by mail. It typically includes the date mailed, method used (certified mail, first-class, etc.), and a declaration signed under penalty of perjury.

Is service by mail the same as filing with the court?

No. Filing is submitting documents to the court for the official record. Service is providing copies to other parties in the case. You typically need to do both: file with the court AND serve other parties.

When is a document considered filed by mail?

This varies by court. Some courts use the postmark date, others use the date received. Check your court's local rules. When in doubt, mail early or file in person to avoid missing deadlines.

Can I serve the initial lawsuit complaint by mail?

Generally, no. Initial service of process (the complaint and summons) typically requires personal service. After a party has been personally served, subsequent documents can usually be served by mail.

Related Guides

Legal Disclaimer

This guide provides general information about mailing court documents and is not legal advice. Court procedures vary significantly by jurisdiction and case type. Improper filing or service can have serious consequences for your case. For specific legal advice about court procedures, consult with a licensed attorney or contact your court clerk's office.

Last updated: January 25, 2025

Tags: mail court documents, file by mail, serve by mail, proof of service, court filing, certified mail court, legal service