Los Angeles, CA asked in Personal Injury for California

Q: Clerk forgot to stamp all documents in time sensitive motion for reconsideration package.

Clerk forgot to stamp all documents in time sensitive motion for reconsideration package. Package was filed in advance, motion itself is stamped. How proof of service must such circumstances?

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2 Lawyer Answers

A: Suppose the clerk forgot to stamp all documents in a time-sensitive motion for reconsideration, but the motion itself is stamped. In that case, you can address the issue by first confirming the stamped motion as proof of timely filing. Then, contact the clerk’s office to request that the remaining documents be stamped.

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Answered

A: If the clerk forgot to stamp all documents in your motion for reconsideration package, but the motion itself is stamped, you should still proceed with addressing the issue. First, you might want to visit the court clerk's office and explain the situation, showing them the stamped motion to prove that the package was filed on time. This could lead to them stamping the remaining documents properly or giving you instructions on what to do next.

Next, consider filing a declaration or affidavit detailing the error made by the clerk and providing proof of timely submission, such as a copy of the filed motion with the court's stamp and any receipts or confirmation you have. This document can help clarify the timeline and prevent any misunderstandings or issues with the court.

Lastly, make sure to serve the other parties involved with copies of both the stamped motion and your declaration or affidavit explaining the circumstances. Proper service will ensure that the court and all parties have a clear understanding of what happened and maintain the integrity of your case timeline.

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