Up until this point, I've been represented in my case by an attorney; however, I can no longer afford an attorney and am now representing my self. Notification of hearings over the last year and a half has occurred by email and I did notify the opposing party of the recent motion and hearing I scheduled via email; however, they have not responded to my motion and are past the deadline. I'm wondering if they are trying to get out of this on a technicality of some kind.
My previous attorney thought that perhaps the opposing attorney may argue he never agreed to accept email service from me (though it's what's always been used to this point). Is there a proper way to notify another part? What rules govern this? Would email be sufficient in this case?
E-mail is only an acceptable method of service if both parties expressly agree to it, so the best thing would have been to reaffirm this when you became self-represented. When your attorney filed his notice of intent to withdrawal, that document requires the attorney to notify opposing counsel of the current contact information for the now self-represented party, and typically that's their mailing address--if it didn't include an e-mail, opposing counsel may not have known you wanted to continue the agreement your previous attorney had entered, or may not want to enter into such an agreement with a pro se party. You could try calling opposing counsel and seeing if they received the pleadings and perhaps do an agreed continuance for them to respond, otherwise you'll need to re-note the hearing and complete proper service, because if you go to the hearing and do not have proof of service that complies with the court rules (including an extra 3 days on the notice period if you mail the materials), the commissioner will not be able to grant your motion.
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