I support the amendment, but with one exception.
While the presumption that postal mail sent arrives does not always apply to email, as technical problems with email servers routinely occurs. For example, several image PDFs attached to a Motion for Summary Judgment would easily put most messages over a server's size or quota limitation for an account. Then the evidence that an email was not received is in the hands of the party that [i]sent it[/i]. The concern is having to fight a Rule 7.1 motion or explain to an irritated judge why your response was not filed, while opposing counsel says, judge, I emailed it.
Therefore, the rule should require such emails to be sent with receipt requested or to have a reply confirming receipt.
Regards,
Jonathan A. Millet
Law Offices
BOYLE, PECHARICH, CLINE,
WHITTINGTON & STALLINGS, P.L.L.C.
125 North Granite Street
Prescott, Arizona 86301-3001
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Email:
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