Q: Rule 10-104 district court of MD Serving the other party via email, is email good enough?
I submitted medical records and bills under rule 10-104, and other bills under rule 10-105. I submitted everything to the court more than 60 days prior to trial and sent to counsel for defendant as well more than 60 days before trial. The problem arises in that I sent it to counsel for defendant via email not via mail. The notice of service has her email address as the address where I sent. Defendant claims she never got it and that she doesn’t use email. (Even though she responded to one other email )
There was debate about whether email is good enough ( I was told it was), judge took a brake to look and came back he allowed me to proceed an admit into evidence however did not rule as a definite on that. How can I show email is enough ? Or am I wrong ?
A: Email is only permitted for service when filing through the Maryland e-file portal. All Maryland courts except Baltimore City, Montgomery and Prince George's are currently subject to the e-file system (meaning, it is mandatory for lawyers to use it, but non-lawyers are not required to do so). Non-lawyers are permitted, but not required, to sign up to use the e-file system. Therefore, unless you are a registered user and filed via the e-file system, or if your case is in one of the three jurisdictions without e-file, then the rules specify service is to be by mail or hand-delivery. Email is not mentioned. However, if a party agrees to service by email, or you can prove that they did in fact receive the emailed documents, then an argument can be made that they received the documents and cannot claim actual prejudice (a form-over-substance argument). Your problem is that opposing counsel is denying they ever received your email, or if they did, they didn't read their email. Unfortunately, it is a matter of credibility, and you are the one with the burden of showing compliance with the rules as well as that service was made. You can still argue they were not prejudiced.
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