Under Rule 5b, is mail service beholden to a 5 PM cutoff?

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Prepare for the North Carolina Civil Procedure Test. Use flashcards and multiple-choice questions with hints and explanations. Gear up for your exam!

Multiple Choice

Under Rule 5b, is mail service beholden to a 5 PM cutoff?

Explanation:
The key point is that mail service under Rule 5(b) is considered complete at the moment the document is mailed, not at some later cutoff time such as 5 PM. This means the deadline for the other party to respond begins on the date of mailing, provided the document is properly addressed and mailed. The 5 PM cutoff does not govern whether mail service is timely. If you mail the document on a given date, that date marks service, regardless of when the post office delivers it. A certificate of service should reflect that mailing date.

The key point is that mail service under Rule 5(b) is considered complete at the moment the document is mailed, not at some later cutoff time such as 5 PM. This means the deadline for the other party to respond begins on the date of mailing, provided the document is properly addressed and mailed. The 5 PM cutoff does not govern whether mail service is timely. If you mail the document on a given date, that date marks service, regardless of when the post office delivers it. A certificate of service should reflect that mailing date.

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