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Law Office of Theresa Petrey, new service policy

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This topic contains 3 replies, has 3 voices, and was last updated by  Theresa Petrey 3 years, 10 months ago.

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  • #161

    Theresa Petrey
    Participant

    Dear Members of the Kittitas County Bar:

    Since 2007, I have provided either a drop box or a slot in which my office would receive service when the office was closed provided a telephone confirmation of that service was made to my office. This policy was implemented as a courtesy to other local counsel. Due to what appears to be a recent intentional abuse of that policy, my office will no longer accept service in this manner.

    As a reminder, my office also does not accept service upon my inbox at the Kittitas County Clerk’s office. On an incident by incident basis with prior arrangements via e-mail or telephone with my staff, I may agree to accept service via e-mail, via fax or via an arrangement to be present to accept service outside of our normal business hours. My office is open Monday through Thursday from 8:30 a.m. to 4:30 p.m. with intermittent closures for lunch or for errands. On Fridays the office is open from 8:30 a.m. to Noon.

    We appreciate all of you who have been considerate of our policies in the past and regret that this change has become necessary at this time. Thank you for your future consideration in advance.

    Yours truly,

    Theresa Petrey

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    #166

    Rick Cole
    Participant

    Members of the Kittitas County Bar;

    I must respectfully take issue with Ms. Petrey and her announcement that her office does not accept service on a normal work day until a normal closing time ( 5 pm ). This exact issue was argued recently to Judge Chmelewski by Mr. Hansen of Yakima whose office hours did not include Fridays. The Judge ruled that my service to his office by email which he had agreed to, on Friday, when he chose to be closed (wouldn’t we all like to be!!) before 5 pm WAS GOOD SERVICE under our civil and local rules. CR 5 (b) (1) states six lines from the bottom;

    “. . .or leaving it at his office with his clerk or other person in charge therof; or, if there is no one in charge, leaving it in a conspicuous place therein; or, if the office is closed or the person to be served has no office, leaving it at his dwelling house or usual place of abode. . .”

    So our Civil Rules do not provide the luxury of closing your office during normal business days and being able to argue it was not delivered. We might have to instead deliver to each other’s residence (really ?); but we cannot prevent service under our civil rules by closing our offices; all it is going to do is make service more expensive for our clients. I would suggest that if we are going to “get along here” that we need to all agree to accept email service of pleadings, that delivery to our emails between 8 am and 5 pm on a regular business day (excludes Sat, Sun and Holidays) is good service period. Otherwise we are going to waste our and the court’s time and cost our clients money.

    Respectfully,
    Rick Cole (Old probably out of touch guy)

    #167

    Jim Pidduck
    Participant

    Uh, being retired at this time I have no oar in the water on this one. So, speaking from a position of neutrality, it seems to me all counsel are required to abide by all the various provisions of CR 5 regarding the service and filing of pleadings and other papers, including its provisions implicating hours of service. CR 5 fairly states the procedures to be followed when serving opposing counsel, including effectuating service upon counsel when counsel’s office is closed, even if counsel closes his/her office prior to 5:00 p.m on a judicial day. It is, of course, not an option for counsel to elect not to receive timely service properly effectuated in one of the manners authorized under CR 5.

    #168

    Theresa Petrey
    Participant

    Rick my letter does not say I will not accept service. It says that I will accept service via e-mail or have someone present at 4:59 p.m. if necessary. I am totally fed up with receiving fax service without agreement, e-mail service without prior agreement, receiving documents for Monday Hearings that were filed with the court half a block from my office on Thursdays, and not getting them until four days later which was two days after the motion hearing via USPS mail on a Wednesday, having my inbox served at the courthouse without agreement or even notice or no notice at all. And, unfortunately, Rick I will be sending a letter to you as you are the most recent attorney to decide to file something in a matter that I have appeared in without bothering to serve me. I doubt that agreements for e-mail service is going to help that issue. All anyone had to do in the past was pick up the phone and call. But no, someone, not naming names had to play games. All anyone has to do in the future is pick up the phone on Friday morning and let me know so we can make arrangements to accept. I don’t do this to any of you and I expect the same courtesy.

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