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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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In a civil action before the Regional Trial Court, P, through counsel, electronically files a complaint Day 0 using the court’s E-Filing System within the 30-day filing window. On the same day, P’s counsel electronically transmits 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 servers. A few days later, D moves to dismiss for lack of service, arguing that although the system logs show delivery, there was no actual receipt by D’s counsel due to corporate e-mail filtering. 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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Clara

Hello