Learned counsel has summed up very well on the subject. Just a couple of observations.
From a purely practical standpoint, use certified return receipt for private matters where you think the recipient might deny receiving it. Also for documents that you want to be sure don't get lost, such as documents where the signers are deceased or no longer available. In situations where the signers could all sign again if necessary, I just use first class (as do the real estate closing companies). Ditto for routine mailings of checks where you trust the recipient.
From a legal standpoint, I only use certified return receipt when the rules say I must. When we mail out notices, etc. to opposing parties, we generally don't care if they receive it or not, just that we comply with the statute. As to mailings between attorneys, I've never had opposing counsel deny receiving it- its just too lame an excuse to state to a judge. As John said, the "mailbox rule" says intended recipient is served as soon as you put it in the mailbox. And a sworn statement by the lawyer that he did so will prevail over the litigant who says he didn't receive it (the judge is always mildly amused when some guy comes to court and says he didn't receive the notice of hearing- it brings up a pretty obvious question).
I am not aware of any service or mailing rule that says you must send by certified only- always just first class mail, or first class plus certified. Eviction notices can be posted and mailed first class. A case in Seattle was thrown out because the notice was mailed by certified mail only (which was not picked up), not first class. The judge queried, "Who ever gets good news by certified mail? Especially one who is delinquent on his rent?" And he's right- probably 75% of my certified mailings come back unclaimed.
We sell tractor parts! We have the parts you need to repair your tractor - the right parts. Our low prices and years of research make us your best choice when you need parts. Shop Online Today. [ About Us ]
Today's Featured Article - Usin Your Implements: Bucket Loader - by Curtis Von Fange. Introduction: Dad was raised during the depression years of the thirties. As a kid he worked part time on a farm in Kansas doing many of the manual chores. Some of the more successful farmers of that day had a new time saving device called a tractor. It increased the farm productivity and, in general, made life easier because more work could be done with this 'mechanical beast'. My dad dreamed that some day he would have his own tractor with every implement he could get. When he rea
... [Read Article]
Latest Ad:
2022 John Deere 5045E, 4wd, front end loader and 3rd function with grapple. 120 hrs, 55k new, must sell
[More Ads]
All Rights Reserved. Reproduction of any part of this website, including design and content, without written permission is strictly prohibited. Trade Marks and Trade Names contained and used in this Website are those of others, and are used in this Website in a descriptive sense to refer to the products of others. Use of this Web site constitutes acceptance of our User Agreement and Privacy Policy
TRADEMARK DISCLAIMER: Tradenames and Trademarks referred to within Yesterday's Tractor Co. products and within the Yesterday's Tractor Co. websites are the property of their respective trademark holders. None of these trademark holders are affiliated with Yesterday's Tractor Co., our products, or our website nor are we sponsored by them. John Deere and its logos are the registered trademarks of the John Deere Corporation. Agco, Agco Allis, White, Massey Ferguson and their logos are the registered trademarks of AGCO Corporation. Case, Case-IH, Farmall, International Harvester, New Holland and their logos are registered trademarks of CNH Global N.V.