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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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An action is filed in the Regional Trial Court. P, through counsel, electronically files a complaint Day 0 via the court’s E-Filing System, within the 30-day filing window. On the same day, P’s counsel uses the System to electronically transmit the summons and the complaint to D's registered e-mail addresses in the E-Filing System; the system logs show transmission and delivery to the recipient's mail server. A few days later, D moves to dismiss for lack of service, arguing that although the logs show delivery to the mail server, there was no actual receipt by D's counsel due to corporate filtering and that messages were automatically routed to a separate folder and not read. Advise on: (a) whether the filing is timely; (b) whether electronic service is valid under A.M. No. 10-3-7-SC and A.M. No. 11-9-4-SC given the described logs; (c) what remedies or consequences apply if service is challenged.

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