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I’ve read some of your posting about Certs. of Service having incorrect information. What would be your thoughts on the following situation?
Civil case where Defendant’s lawyers, who are employs of Defendant, file discovery requests on November 5 with attached Certs. of Service stating that documents were served to Plaintiff on November 6 at Plaintiff’s PO Box via Certified Mail with Return Receipt Requested. Envelope to Plaintiff is post-marked November 6 via Defendant’s postage machine. There’s no indication by Post Office when documents were actually sent to Plaintiff; however, first Certified notice in Plaintiff’s PO Box was dated January 19; documents were accepted by Plaintiff on January 20.
Sounds like it got misplaced somewhere, but it would be hard to prove that the Certificate of Service was false.