Certificate of Service


#1

NCP file Motion of Contempt and Show Cause. The Certificate of Service states the Motion and Notice of Hearing were sent via USPS on a particular day. Nothing was received by CP via USPS. Several weeks later, NCP emailed the Motion to CP.

What is the recourse for a party completing a Certificate of Service stating the Motion was served and it was not?


#2

All that needs to be on the COS is that the party serving the document attempted to serve the document via the means described in the COS. You may show the court that the document was not in fact received until a later date, and via regular mail if the delay makes it necessary for you to seek a continuance.