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Have a question about an Affidavite of Service.


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Hello, I'm about to file an Answer to a Complaint and a Motion to Compel. Now my question is, can I mail and serve all documents in the same envelope? and after I serve those two documents, can I file just one Affidavit of service for all documents or do I need to file an Affidavit of Service for each individual document? (example, one for the Answer, and another one for the Motion to Compel).
Any help would be greatly appreciated.

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great thanks for replying. Also for the Motion to Compel I have some exhibits, I can just attach the exhibits with the Motion Right? or do I need to serve the Exhibits separately?

 

In most states the exhibits to a motion are a part of the motion and do not require separate service.

 

Also, do I need to serve the Motion To Compel first before I file it to the court? or I can just file it first and then mail it?

Any help would be greatly appreciated.

 

Again, in most states, it is irrelevant as to which you do first as long as it is within a reasonable time frame.

In MI.. I file with the court and then mail it to plaintiff the same day.YMMV depending on your RCP's.

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@Savoir Thanks Savoir, you've been very helpful. I have one more question I hope you can answer, I have an Affidavit to make one of my Exhibits (credit Card Agreement) a fact before the court, does that also go attached to the Motion or separately?

Thanks again.

 

I don't know your RCP's but, if it were me and I wasn't sure, I'd mail it all to the plaintiff's attorney of record and just include a certificate of service for your affidavit of fact.

 

oh, and one more thing, the Verification by Affidavit that gets stamped by a Notary should go way at the end of the Motion right? last page behind all Exhibits?

 

Correct ....... at least logically so.

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