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DefendantNewb

Nooooo

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I forgot to include a Certificate of Service (which I'll refer to as C of S) for the Counter-Affidavit I filed with my Answer. I filed the Counter-Affidavit separately, or with a separate paperclip, because it's not considered part of the "Answer" in my state and must be filed this way. Anyway I forgot to include a C of S page with it. I included a C of S with my Answer.. I'm so fricking ticked at myself. In Michigan, failing to counter the original Affidavit filed by the Plaintiff can land you in summary judgement ville by way of prima facie evidence.

Can I file a C of S for the Counter or is it too late? I'll have to have it notarized, etc. and it will be obvious that I failed to include it originally. Do you need to do anything special when you forget to include 'something?' ie state somewhere on your Certificate of Service that "all parties were served on xx date, but notification of that is late." In less horrific terms of course.

I did serve the Plaintiff with ALL the paperwork I filed with my Answer, naturally, but they might leap at this and state they never received it. :evil:

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