Joan Findlay
Junior Member
What is the name of your state (only U.S. law)? Alabama
Opposing counsel filed a motion on Dec. 29, and stated on the "certificate of service" that they had mailed it to me. I never received the motion and it is now Jan. 12.
Alabama has an electronic filing system and both sides have almost always filed motions this way, unless they were very large. This motion in question was small.
I do not believe that they mailed me the motion; I believe that they were hoping the judge would grant their motion, and I would never even know about it.
After finding out about the motion because the judge's office had the decency to call me, I emailed opposing counsel and she stated that she had tried to "alafile" it, but couldn't, because the system said the case was "confidential." This case has NEVER been confidential, and I have electronically filed several motions.
I have asked for proof (receipt, etc) that they did indeed mail the motion to me, but they refuse.
My question is: are they required to provide me proof that they did serve me via US mail, as stated in their motion?
If they don't provide proof, may I petition the judge and ask for some kind of sanctions?
Thanks.What is the name of your state (only U.S. law)?
Opposing counsel filed a motion on Dec. 29, and stated on the "certificate of service" that they had mailed it to me. I never received the motion and it is now Jan. 12.
Alabama has an electronic filing system and both sides have almost always filed motions this way, unless they were very large. This motion in question was small.
I do not believe that they mailed me the motion; I believe that they were hoping the judge would grant their motion, and I would never even know about it.
After finding out about the motion because the judge's office had the decency to call me, I emailed opposing counsel and she stated that she had tried to "alafile" it, but couldn't, because the system said the case was "confidential." This case has NEVER been confidential, and I have electronically filed several motions.
I have asked for proof (receipt, etc) that they did indeed mail the motion to me, but they refuse.
My question is: are they required to provide me proof that they did serve me via US mail, as stated in their motion?
If they don't provide proof, may I petition the judge and ask for some kind of sanctions?
Thanks.What is the name of your state (only U.S. law)?