Does the lack of a proof of service (certificate of service) on a document I filed with court & opposing counsel invalidate doc

Asked over 2 years ago - Dewitt, MI

I forgot to add a proof of service page at the end of a document I submitted to a court and sent to opposing counsel, (I have the return receipt though saying it was delivered). Will the court say that the document therefore is not admissible as evidence?

Attorney answers (3)

  1. Ezra N. Goldman

    Contributor Level 16

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    Answered . Just file a separate document called "proof of service" and you should be fine. For future reference, you can use ordinary mail for service of things other than a complaint. Things you are sending the other attorney do not generally need to be sent certified.

  2. Paula Brown Sinclair

    Contributor Level 20

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    Answered . Be very careful here. More often than not, pro se litigants self-inflict damage by simply not knowing what they do not know. In your case you are confusing the filing rules with the rulues of evidence, potentially very much to your detriment. The rules of evidence govern admissibility. As a general rule, filing a document with the court does not make it admissible.

    Nothing short of the focused advice of an experienced litigator in your area will meet your needs.

    Best wishes for a favorable outcome, and please remember to designate a best answer.

    This answer is offered as a public service for general information only and may not be relied upon as legal advice.
  3. Tara E. Nichol

    Contributor Level 13

    Answered . You can re-file the document with a proof of service. Also, just because you have filed a document with the court does not make it admissible in court. Whether a document is admissible depends on the rules of evidence and whether the rules apply to the particular type of court proceeding you are involved in.

    Tara Moody-Nichol is licensed only in the State of Michigan. All answers provided relate only to Michigan law and... more

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