Filling out the Notice of Appearance

STEP 4: “SERVE” THE PLAINTIFF’S ATTORNEY

Ask someone other than yourself who is at least 18 years old and not a Defendant in the lawsuit to “serve” the first copy of the Notice of Appearance on Plaintiff’s attorney at the address listed on the Summons and Complaint. The easiest way to “serve” the Notice of Appearance is to arrange for the person to send it by certified mail, return receipt requested, or by overnight delivery service. Be sure to keep the proof of mailing and delivery.


STEP 5: FILL OUT THE AFFIDAVIT OF SERVICE

The person who “served” the copy of the Notice of Appearance on the Plaintiff’s attorney from step 4, must fill out the Affidavit of Service in front a Notary Public and have it notarized. You can often find a Notary Public at a branch of your local bank. Please be aware they may charge a small fee for this service.




STEP 6: DATE STAMP AND FILE THE NOTICE OF APPEARANCE AT COUNTY CLERK

Bring the original Notice of Appearance, the remaining two copies of the Notice of Appearance, the original notarized Affidavit of Service and a copy of the notarized Affidavit of Service to your County Clerk’s office. (See list of the local area court clerks included in the front folder pocket of this guide.) At the County Clerk’s office, state that you wish to file a Notice of Appearance. Be sure to ask the clerk to “time- stamp” the original Notice of Appearance, the original Affidavit of Service, the two copies of the Notice of Appearance, and the copy of the Affidavit of Service so that you have proof of the date and time you filed your documents. Keep for your records a time stamped copy of the Notice of Appearance and a stamped copy of the Affidavit of Service.


STEP 7: FILE THE NOTICE OF APPEARANCE AT THE SUPREME COURT CLERK

Go to the Supreme Court Clerk’s office with your third copy of the Notice of Appearance. (See list of local area court clerks included in the front pocket of this guide.) Tell the clerk you would like to file a Notice of Appearance. Sometimes the court clerk will not accept a notice of appearance before your first settlement conference. Do not worry. Just bring your copies to your conference and hand it to the judge.


STEP 8: APPEAR AT YOUR SETTLEMENT CONFERENCE