Another proud member of the irony-based community.
"Mysterious Jackson area lawyer's blog about history, literature, and whatever irks him." -- NMC
"Just a hypersensitive pantywaist probably of Gallic descent who still suffers nightmares over what Gaius Julius did to your people 2,000 years ago." -- Kingfish
And therefore, reader, I myself am the subject of my book; it is not reasonable that you should employ your leisure on a topic so frivolous and so vain.
-- Montaigne, Essays, "To the Reader.""I shall see myself, I shall read myself, I shall go into ecstacies, and I shall ask -- Is it possible that I have so much ésprit?"
-- Nietzsche, Twilight of the Idols.... the torturer has become – like the pirate and slave trader before him – hostis humani generis, an enemy of all mankind.
-- Filártiga v. Peña-Irala, 630 F.2d 876, 890 (2d Cir. 1980)
I'm glad someone else noticed this. So to speak.
ReplyDeleteGood, it's not just me then.
ReplyDeleteMy recollection is that the notice of service provision was carried over from federal court practice. MRCP Rule 5(d) provides, in part, "unless ordered by the court, discovery papers need not be filed until used with respect to any proceeding." The necessity of a notice of service comes from the next sentence: "Proof of service of any paper shall be upon certificate of the person executing the same." Since all papers filed with the clerk carry a certificate of service, there needed to be something filed to certify to this service as well. Ergo, the notice of service (which, somewhat redundantly, also carries its own certificate of service).
ReplyDeleteThat would have to be how it works, SOMS, but it doesn't come out & say you have to file it; proof is upon certificate, and I at least attach a cert to discovery requests and responses, even though I'm not filing them.
ReplyDeleteYou are likely right that people are just imitating federal practice (tho I've not looked to see if there really is a federal rule to that effect).
I was just curious b/c I forgot to file a notice and now think I may as well not draw attention thereto -- the other side has moved to stay its need to respond, so there is no issue they received 'em.