Tuesday, November 18, 2014

if I (as the Plaintiff) mail a moving paper (Opposition to a Motion) to a defendant with (guaranteed) overnight delivery, does it still req...

Question

if I (as the Plaintiff) mail a moving paper (Opposition to a Motion) to a defendant with (guaranteed) overnight delivery, does it still require 5 days for mail before it is considered served?



Answer

You shouldn't be mailing (serving) your own documents. You should have a friend or relative do it. Overnight mail is considered served in two -- rather than five -- days.



Answer

There are special rules for service of opposition and reply to motions. Neither the 5 nor two day rules apply. In addition, Mr. Cohen is correct - you cannot serve papers yourself. A proof of service signed by you is invalid because you are a party to the action.



No comments:

Post a Comment