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How Are Days Counted in Determining When Served?


Patz
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I need to be certain I calculate days properly in determining when the discovery period ends.

Let's say the plaintiff received my answer on July 1 and discovery must be served within 40 days of service of the answer. Would my last day to serve discovery be August 10?

And does that mean August 10 would be the postmark date, or must I have it in the plaintiff's hands by August 10?

SIDE ISSUE: Attorneys send everything via regular and certified mail. If I am away from home and do not get the certified mail until a week later, which date counts as the date served? I'm imagining that if someone is away from home too long, they can return and find summary judgment was filed and they lost already. Only takes 10 days.

Edited by Patz
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Your location says NM, so here is 1-005(B) NMRA 1978:

Service; how made. Whenever under these rules service is required or permitted to be made upon a party represented by an attorney the service shall be made upon the attorney unless service upon the party is ordered by the court. Service upon the attorney or upon a party shall be made by delivering a copy to the attorney or party, or by mailing a copy to the attorney or party at the attorney's or party's last known address, or, if no address is known, by leaving it with the clerk of the court. Service by mail is complete upon mailing.

That does not explicitly state that the deadline is met when you mail it, and I would actually not depend on that. Especially not if you are dealing with the firm I think you are dealing with. It is what is implied though. Either way, if at all possible, I would take steps to make sure that it was in the attorney's hands within the time limit, but I would breath a little easier if it wasn't knowing what that rule says.

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