Public notice regarding service by mail: United States Postal Office postmark policy change

Overview

A federal rule governing when mail is postmarked went into effect on December 24, 2025. (39 C.F.R. § 111 (2025)). The rule clarifies the date a piece of mail is postmarked “does not necessarily indicate the first day that the Postal Service had possession of the mailpiece.” Id. at 25. Instead, the postmark indicates the date the mail arrived at an originating processing facility where the postmark was then applied, and may reflect a date that is one or more days after the mailpiece was originally deposited by the sender. (United States Postal Service, Postmarking Myths and Facts (2026)).

This represents a departure from historical practice. Traditionally, a mailed letter was processed and postmarked the same day that it was deposited. (Brookings Institution, When a postmark no longer tracks mailing: Legal and administrative risks in the USPS redesign (2025)). Recent organizational and transportation operation changes within the Postal Service have disrupted same-day postmarking.

What does this mean for service of pleadings or otherpapers by mail?

While Wisconsin law requires personal service of the summons and complaint, other pleadings and papers may be served by mail. Pursuant to Wis. Stat. § 801.14(2), the service of legal pleadings and other papers that may be served by mail “is complete upon mailing.” In practice, “complete upon mailing” means that service is complete when a piece of mail has been deposited in the mailbox or handed to a mail clerk, not when a postmark is applied. Historically, postmarks have existed to perform functions internal to the postal service and were not meant to prove when mail was sent. (United States Postal Service, Postmarking Myths and Facts (2026)).

As a result of the new postmark policy, a party serving pleadings or other papers on another party can no longer rely on the postmark date as proof of the date of mailing. Parties must take additional care when serving pleadings or other papers related to their court cases to ensure their documents are timely served within their deadlines.

Wisconsin law has not changed as a result of the Postal Service’s change in postmark processing. Specifically, the rules for service by mail and service deadlines remain unchanged. When serving documents by mail, parties should therefore consider the following recommendations to ensure the timeliness of service by mail and to ensure accurate recording of the mailing date:

  • Mail early: Send all time-sensitive legal documents well in advance of the deadline;
  • Declaration of mailing: Complete a declaration of mailing for legal documents served by mail as proof of mailing date. Include the declaration with the documents being mailed. In family cases, complete the court approved Declaration of Mailing form, FA-4121V, as proof of mailing date. In small claims cases, complete the court approved Declaration of Mailing (Small Claims) form, SC-5130V, as proof of mailing date;
  • Use proof of mailing services: Send mail by certified mailing or registered mailing, or purchase a certificate of mailing from the Post Office during normal business hours for proof of the date on which the Postal Service first accepted possession of the mail;
  • Request a manual postmark: Obtain a manual (local) postmark at any Post Office, station or branch to have a postmark align with the date on which the Postal Service first accepted possession of the mail. Manual postmarks are applied free of charge if requested during normal business hours.
  • Use electronic filing: Parties who do not have an attorney and who have been filing and receiving documents in paper may voluntarily register to use the Wisconsin Court System’s electronic filing system (eFiling system). Wis. Stat. § 801.18(3)(b). The eFiling system will allow a party to electronically file documents with the court and to send documents to other parties electronically, instead of using the mail. Electronically-filed documents are deemed served on other electronically filing parties at the time of submission. Wis. Stat. § 801.18(6)(a). Please note, however, that other parties who have not signed up to be an electronic filer still must be served by mail or other traditional methods. Wis. Stat. § 801.18(6)(c).

What is the difference between service and filing?

There is an important distinction between serving documents and filing documents. Service of legal pleadings and other papers refers to the delivery of those papers to the other party or parties in your court case. In most circumstances, when a party is represented by an attorney, service should be made upon the attorney. Wis. Stat. § 801.14(2). Service may be accomplished in a number of ways, not just by mailing. In addition to mailing, service may be accomplished by physically delivering a copy, by fax, or by leaving the documents at the person’s office with a clerk or person in charge of signing for deliveries, or by leaving the documents in a conspicuous place if there is no one in charge of the office. Id. It is important to look at specific statutes related to your case to understand how service must be accomplished.

Filing refers to the formal submission of documents with the clerk of circuit court or register in probate to include them in your court case. Not every document associated with your court case needs to be filed with the court; certain documents need only be served on the other party or parties.

While service by mail is complete upon mailing, the same rule does not apply for filing documents with the court.1 Documents required to be filed must be received by the clerk of circuit prior to the deadline for filing. Filing is not complete upon mailing.

1 Inmates in the prison or jail are an exception: The deadline for filing may be equitable tolled for prisoners in certain circumstances. The “prison mailbox rule” provides that filing deadlines are tolled when an inmate places documents for filing in the institution’s mailbox for forwarding to the circuit court because prisoners are not in control of when their institution forwards mail. State ex rel. Nichols v. Litscher, 2001 WI 119, ¶ 32, 247 Wis. 2d 1013, 635 N.W.2d 292.