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Missouri Certificate of Service Weirdness


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Hopefully someone from Missouri who has done this before can help me on this. So I get my First Request For Production of Documnts together, put it in an envelope along with a CD and send it to the Midland attorneys, CMRR. I then go to the Circuit Clerk's office and tell them I want to file a Certificate of Service for the items I just mailed off and the clerk looked at me like I was crazy!! She had no clue what I was talking about. Fortunately I had a copy of the request and showed her what I mailed to the attorneys. She wanted to file what I showed her but I explained to her that RCP 58.01 specifically says NOT to file the documents, just a certificate of service. She had to go to her supervisor to find out what I was talking about. Finally she handed me a blank piece of paper and told me to write down what I sent and attach my post office receipt to it. I did have her copy my receipt. Then she took the paper, stamped it then put it into what I believe was my court file. Is this bizarre or just me? Now Greene County isn't a rural county by any means, it's one of the biggest counties in Missouri.

Any thoughts?

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  • 5 weeks later...
Hopefully someone from Missouri who has done this before can help me on this. So I get my First Request For Production of Documnts together, put it in an envelope along with a CD and send it to the Midland attorneys, CMRR. I then go to the Circuit Clerk's office and tell them I want to file a Certificate of Service for the items I just mailed off and the clerk looked at me like I was crazy!! She had no clue what I was talking about. Fortunately I had a copy of the request and showed her what I mailed to the attorneys. She wanted to file what I showed her but I explained to her that RCP 58.01 specifically says NOT to file the documents, just a certificate of service. She had to go to her supervisor to find out what I was talking about. Finally she handed me a blank piece of paper and told me to write down what I sent and attach my post office receipt to it. I did have her copy my receipt. Then she took the paper, stamped it then put it into what I believe was my court file. Is this bizarre or just me? Now Greene County isn't a rural county by any means, it's one of the biggest counties in Missouri.

Any thoughts?

Here's weird also:

My clerk's office accepted just the certificate of service from the attorney by mail, but I had to provide all the documents with the certificate of service. Which was OK by me, because I now have a record of everything I sent the attorney, in case anything ever happens to my records.

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  • 4 months later...

Are you two saying that we have to take the receipt for the certified mailings to the court clerk and file them with her also? I filed the POD and Certificate of Service at the clerk's office, she stamped them and I mailed the docs out to the opposition attorney CMRR.

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Are you two saying that we have to take the receipt for the certified mailings to the court clerk and file them with her also? I filed the POD and Certificate of Service at the clerk's office, she stamped them and I mailed the docs out to the opposition attorney CMRR.

No, you don't take your receipt for the certified mailings to the court. Just keep it for your records because you'll need copies of them if you have to file a Motion to Compel Discovery. Copies of them will need to be exhibits to show when you mailed them, and who signed for them on the other end.

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Hopefully someone from Missouri who has done this before can help me on this. So I get my First Request For Production of Documnts together, put it in an envelope along with a CD and send it to the Midland attorneys, CMRR. I then go to the Circuit Clerk's office and tell them I want to file a Certificate of Service for the items I just mailed off and the clerk looked at me like I was crazy!! She had no clue what I was talking about. Fortunately I had a copy of the request and showed her what I mailed to the attorneys. She wanted to file what I showed her but I explained to her that RCP 58.01 specifically says NOT to file the documents, just a certificate of service. She had to go to her supervisor to find out what I was talking about. Finally she handed me a blank piece of paper and told me to write down what I sent and attach my post office receipt to it. I did have her copy my receipt. Then she took the paper, stamped it then put it into what I believe was my court file. Is this bizarre or just me? Now Greene County isn't a rural county by any means, it's one of the biggest counties in Missouri.

Any thoughts?

You don't have to file discovery requests, just the certificate of service. However, I did file everything I sent to the other side with the certificate of service, (not the receipt for the mailing) so the court would have a record if anything should ever happen to mine (I've experienced a total loss house fire before). The court clerks, nor the judge, had any problems with me doing that

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No, you don't take your receipt for the certified mailings to the court. Just keep it for your records because you'll need copies of them if you have to file a Motion to Compel Discovery. Copies of them will need to be exhibits to show when you mailed them, and who signed for them on the other end.

Thanks for clearing that up, cyndi101. I have one other question if you have time, does the 30 days start upon their receipt of the POD or from the date I mailed it? I'm starting to mark my calendar so I can send out the Motion to Compel Discovery in a timely manner and if they don't send anything then, I read that I should give them a week before I file MSJ to dismiss - is that accruate or am I messed up again? I only have until Nov. 6th, this was set for trial.

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Thanks for clearing that up, cyndi101. I have one other question if you have time, does the 30 days start upon their receipt of the POD or from the date I mailed it? I'm starting to mark my calendar so I can send out the Motion to Compel Discovery in a timely manner and if they don't send anything then, I read that I should give them a week before I file MSJ to dismiss - is that accruate or am I messed up again? I only have until Nov. 6th, this was set for trial.

The 30 days starts from the date of their receipt. I gave them 6 weeks before I filed a Motion to Compel. We had the hearing on the Motion to Compel and the judge specifically gave them 30 days to provide proof that they had standing. He is the one that made the comment that all of this was leading to a Motion for Summary Judgment. So I waited a week after their 30 days was up, got nothing from them, so I filed the MSJ. They dismissed the case within a week.

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