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When is Proof of Service appropriate? Best practices for filing


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I searched forums and didnt find a thread on this.

 

My guess is as follows:

necessary:

-whenever you file something with the court (General Denial, Case Management Statement, any Motion including MTC, MIL, etc)

 

not necessary (but best to mail CMRRR and persoanlly file return receipt away):

-requests for BOP

-Discovery requests

-Responses to Discovery Requests

 

also, what are best practices for filing, to minimize trips to the courthouse. Say im filing a General Denial. is it best to go with 3 copies, get them all stamped by court, leave copy  #1 with court, keep stamped copy #2,, have someone mail stamped copy #3 to JDB via CMRRR and then subsequently file your proof of service form with return receipt when received?or is it overkill to wait for the return receipt and should POS with court be filed sooner? General Denial form says:

 

The original of this General Denial must be filed with the clerk of this court with proof that a copy was served on each plaintiff's attorney and on each plaintiff not represented by an attorney

 

Sounds like ideally it is concurrent. But if filing proof of service at the same time then im serving plaintiff with a denial thats not stamped by court. Also means i have to drag whoever is serving the plaintiff (generally my wife, by CMRRR) to the courthouse with me to file POS. 

 

On the other Hand, Proof of service form says 'on (date) I served plaintiff via mail' By filing concurrently, isnt this incorrect?

 

 

thoughts?

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I send everything CMRRR, even with a POS-030. I prefer to not leave anything to chance.

In my court, the other side doesn't need a stamped version of the papers. We're supposed to file the papers after they've been served the papers. I know its totally backwards and makes zero sense.

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It all depends on hopw your court works. Where I live you hand the court clerk the appropriate number of docs, she stamps and signs them, one is given back to you and the clerk forwards the remaining copies to the appropriate persons.

 

Now if your are serving process on someone it all depends on whether your court allows the sheriff to serve notice or whether you use a private process server. Where I am you have a choice of the two.

 

The most inportant thing is to make sure the process server fills out the affidavit if service of process and does not lie on it. I normally let the sheriff serve my papers. Who would you open your front door to, some dressed in normal clothes or some one in a deputy's uniform?

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The only doc that doesn't require pos are meet n confer letters. As one lawyer puts it the pos is your proof to the courts exactly what was sent. The cmrrr is just proof Something was sent whereas POS details exactly what was sent. You don't want to be in a situation where jdb can say I never received it and they will because  you couldn't prove exactly what was sent.

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