Q: I read in the pro se manual that after summons and complaint have been served on a defendant by a process server not party to the suit, the pro se plaintiff is allowed to mail any other court documents: motions, etc directly to the defendant(s) without using an intermediary like a process server. Does this apply to pro se plaintiffs in NY as well?
I heard that under NY law, a plaintiff cannot mail court papers directly to the defendants.
correction: the federal court manual in nyc states that after summons and complaint have been served to defendant by a qualified individual not party to the suit, after the defendant files answer, then plaintiff may by himself/herself serve certain court documents by first-class mail to the defendant. However I may have read it wrong since I'm not a lawyer.
A: David's Answer: You can serve interlocutory papers by mail, but if they are papers in which you need an affidavit of service for (such as a motion), then the mailing must be done by someone else over the age of 18. Consult a NYC civil rights lawyer for more info. -- David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)
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