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Topic: Calendaring of service of process by mail

Created on: 12/24/13 12:07 PM

Replies: 6

NORA1


Joined: 11/08/13

Posts: 8

Calendaring of service of process by mail
12/24/13 12:07 PM

I have served discovery requests by mail 10/4/2013, would responses be due 11/8/2013 (if personally served) and untimely after that if served by mail?

Also, proof of service by mail unsigned (with just a stamped ___S___ in place of signature)- is this considered proper service?

Kindly advise. Thanks.
* Last updated by: NORA1 on 12/24/2013 @ 12:19 PM *

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JURISDICTIONARY


Joined: 11/23/13

Posts: 142

RE: Calendaring of service of process by mail
12/25/13 2:28 AM

Why not do things the way the Course teaches, Nora? Then there is no wiggle room for your opponent to claim he never received your discovery requests or that they were not properly served? It is now nearly January so, certainly, if the time to respond in your jurisdiction is 30 days the responses are late.

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HALINA1


Joined: 11/08/13

Posts: 60

RE: Calendaring of service of process by mail
12/25/13 1:23 PM

Did you receive a Case Management Order?

After I filed my case Complaint & Summons ... thereafter the court issued an order of how case will progress, along with dates for deadline for each phase, such as discovery etc...

Sometimes it was not possible to file within the timeframe of the case management order ... then I filed for extension of time.

If the opposing party defaults and does not reply/respond then I filed motion to compel discovery:, interrog, productions or admissions.

hope this helps.

ME@htb

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NORA1


Joined: 11/08/13

Posts: 8

RE: Calendaring of service of process by mail
12/26/13 11:19 AM

In California, if served by mail, 30 + 5 days. I have not filed motion to compel as suggested due to following:

Discovery Facilitator Program
"In an attempt to avoid protracted, costly and unnecessary discovery disputes, effective February 11, 2013, the following Departments are requiring parties to participate in the Discovery Facilitator Program prior to filing a motion in Court to compel discovery, unless the judge specifically orders otherwise..."

As per above requirement, I will have to Request For Assignment of Discovery Facilitator and participate in the program. I am not sure if this is the same for all states.

Thanks.
Nora
* Last updated by: NORA1 on 12/26/2013 @ 11:20 AM *

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HALINA1


Joined: 11/08/13

Posts: 60

RE: Calendaring of service of process by mail
12/27/13 12:26 PM

Don't worry about other states. Just stay on track with your own case in California and court jurisdiction. Don't hesitate follow & file whatever is needed ... is there a time limit when you should request discovery facilitator?

I can only say this because I too was all over the map when I started.

ME@htb

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NORA1


Joined: 11/08/13

Posts: 8

RE: Calendaring of service of process by mail
12/27/13 5:04 PM

Thank you HALINA1. It's been difficult since there's no "one size fits all." I've just requested for a discovery facilitator yesterday (faxed it). It's supposed to be within the 45-day time frame from when you received your discovery responses. Is your case over? Hope all is well.

Best Wishes for the New Year.
nora
* Last updated by: NORA1 on 12/27/2013 @ 5:04 PM *

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HALINA1


Joined: 11/08/13

Posts: 60

RE: Calendaring of service of process by mail
12/30/13 4:10 PM

Yes it's very difficult ... the first time is always difficult. But be assured that as your case proceeds it will seem less difficult. The jitters will go away, and clearer thinking happens.

This course is a tremendous resource for almost any legal situation. I have relied on both the CD & online versions throughout my case. Each time I access these programs another infusion of clarity arises ... it just keeps happening. I wish this forum existed when I started. I was bumbling around the Internet looking for stuff everyday ... which was interesting ... & I realized I need to concentrate on my case and court jurisdiction. My case is a federal tort medical malpractice. It's very complicated because the jurisdiction is in federal district court but state laws of my state are used in citations relevant to my case.

Hope this helps. Best Wishes!

ME@htb

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