§ 16442 Affidavit Service Requirements

• •After filing, a copy of the affidavit must be given to the defendant.
• •You can give it in person or by registered mail in a sealed, prepaid envelope.
• •If you use mail, you must file an affidavit of mailing the same day with the county elections official.

Jane files an affidavit in the superior court about a voting dispute. She sends a copy to the other party, Tom, by registered mail to his home address and then files a short affidavit saying she mailed it, all on the same day.

Because the law requires a copy to be served, Jane either could have handed it to Tom herself or mailed it. She chose mail, so she also filed a mailing affidavit with the county elections office that same day, satisfying the rule.