Is a request for admissions properly served if they were sent via postal mail and was returned as undeliverable and never remailed via postal mail, and then a week later the plaintiff sent them via email and "considers them properly served"? Thank you.
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The Editor, Mark Bernardin, is an attorney living in MA. Please send your suggestions or comments to: TheEditor@malawforum.com
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Editor's Response
Without all the facts (and even with them) it is difficult to guess what a judge would rule on the issue. But, honestly, if you are a properly served party to a civil action, arguing about service on discovery matters is a waste of time, and the court will not appreciate it. If you have the request in your possession, respond to them, and mind the deadlines. Truly, unless this case has to do with a very small amount of money, you should probably have an attorney working for you at this point. Good luck.