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dexter cave

Junior Member
What is the name of your state? CT

I know that a lawyer does not need to send a letter by Certified Mail: the lawyer's word that he/she sent a letter on a given date is equivalent to a Certified Mail receipt from the Post Office.

But what I'd like to know is:

1) whether this applies only when the lawyer is acting in his/her capacity, i.e. representing a client, or whether this rule extends to when the lawyer is acting on his/her own behalf, for example when the lawyer is him/herself a plaintiff or defendant in a civil court case?
(I am not referring to summons but to letters that may have been sent by a lawyer to the other party.)

If the rule applied in the second case it would seem to me that if the other party is not a lawyer then both parties to the lawsuit would not be equal under the law...

2) in cases where a proof of delivery is required or advisable in addition to a proof of mailing, a postal Return Receipt Request is used. If a lawyer wants proof of receipt does he/she need to use a Return Receipt Request too? And does the answer depend also on whether the lawyer is acting in his/her capacity or as a simple individual?

3) what are the statutes that govern the above issues?

Thanks in advance for your replies.
 


las365

Senior Member
I know that a lawyer does not need to send a letter by Certified Mail: the lawyer's word that he/she sent a letter on a given date is equivalent to a Certified Mail receipt from the Post Office.
Where in the world did you get that idea?

What is the context for your questions, i.e., what is the situation you are in and what are you trying to prove or disprove?
 

Ronin

Member
the lawyer's word that he/she sent a letter on a given date is equivalent to a Certified Mail receipt from the Post Office.
huh...????????

That is an incorrect statement. It should not be difficult to download the Rules of Civil Procedure from your states website. Google it.
 

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