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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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im stil not perfectly cclear. same thread thought per judical

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i'm stil not perfectly cclear. same thread thought per judical reuel re email. If I did not file to the court rejecting the attorrneys request for email as his mode of exchange, is it automaticvlly the one & only way to exchange docs?
Submitted: 2 years ago.
Category: Legal
Expert:  TexLaw replied 2 years ago.
The rule states that unless otherwise ordered by the court, you serve all pleadings, motions and documents except applications for witness subpoenas and documents served by formal notice or required to be served in the manner provided for service of formal notice, by email.

When the party being served is not an attorney (as in your case), then the non-attorney party must designate an email address at which to be served documents. If no designation is made by the non-attorney party, then service must be made on you by one of the following methods:

(A) Hand deliver
(B) Leaving it at your office with an employee
(C) Leaving it at your office in a conspicious place
(D) if the office is closed or the person to be served has no office, leaving it at the person’s usual place of abode with some person of his or her family above 15 years of age and informing such person of the contents, or
(E) transmitting it by facsimile to the attorney’s or party’s office with a cover sheet containing the sender’s name, firm, address, telephone number, and facsimile number, and the number of pages transmitted. When service is made by facsimile, a copy must also be served by any other method permitted by this rule. Facsimile service occurs when transmission is complete.

If you did not designate the email address and you informed the attorney that you did not designate the email, then he was supposed to serve you in one of the alternative methods above.

Moving the strike the documents on this basis is not likely going to be a very good grounds for striking, to be frank, because you actually did receive the documents. However, if you are going to try, you need to do so before the trial.

What kind of documents are they?
Customer: replied 2 years ago.

I am in trial. keep in mind , is it now too late? i objected but the magistrate stopped the trial at 4:30pm. The docs are proof of medical out of pocket expenses by the petitioner. .since you as ordered contracts ordered details are 1. specified parties must consult one anther & in writing always pre medical care, this never occurred. 2. All proofs mus t be exchnged monthly, but that did not occur post 2001.3. magistrate will not let me ask for my medical out of pocket expenses since i olly motioned said med. expenses are not exchangable at this date because we both are toolate thus neirhter parties med expesnse are relevent/ 4. Plus there is no language anywhere in all 3 ordered contracts giving any % to the petitioner. I'm willing to give credit but only if I can either get my 60% ,or petitioner drops the counter suit for 40% . Emphassis added: I cant argue for my 60% due to deadline occurred 17 to 10 years ago, I keep arguing. 40% was the only support figure given to me as parent when I was given 100% custody. Plus - the per month exchange of said is clearly specifed as ALL previus agrments language is superseded in 2001 agreed order. & that the deadlines per monthl has passed years ago. So I ask you " i s there a rule (equity) whereby medical out of pocket has no deadline in that parties cant contract away said med. expenses?

Expert:  TexLaw replied 2 years ago.
It is not too late to strike the documents as long as they are not yet admitted into evidence. You should object that they were not properly produced during discovery and that there is no proof that they were ever served pursuant to the Court's order.

There is no rule that allows medical expenses in that were not disclosed and which were requested as part of discovery. If you requested them, and they were not properly produced, then they should be barred from evidence.

You can do this by a written Motion to Strike, or you can do it by orally objecting to them when your opponent attempts to introduce them into evidence.
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience: Lead trial/International commercial attorney licensed 11 yrs
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