Is this improper service of Motion for Summary Judgement


#1

On Sept 26, I received a Notice of Divorce Hearing and a Motion for Summary Judgement which included a Certificate of Service for both from the lawyer last week. Neither page was was stamped as filed. All the documents were dated as notarized on Sept 25 and with certificate of service on the same day (Wake Co).

Today I received another copy of the same thing… and couldn’t figure out why the lawyer would send me a second copy. Until… I realized that this set, identical in every other way, was time stamped as filed- for Sept 26. That means he mailed my copies of the Motion for Summary Judgement and the Notice of Divorce hearing before even having filed them. Both copies I got also included the requested date of hearing.

Is it proper service to mail me such documents before they have even been filed at the Wake County Clerk of Court, or is this grounds to have the Motion for Summary Judgement stricken or dismissed? If yes, can I file a Motion to Strike (or a Motion to Dismiss), and get that scheduled for the same hearing date and time?

Thanks~~


#2

To note, the hearing is scheduled for Oct 26.


#3

A document does not have to be filed before served. There is actually nothing in the rules requiring service of a file-stamped document.