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Case Law Update: Mailbox Rule in Service of Process

Knapp v. Bulun found that the “Mailbox rule” does not extend to mailing of motion to convert respondents in discovery to defendants, because converting respondents requires filing amended complaint and is thus akin to filing new action. Handing amended complaint to judge is not considered “filing”, as document must pass into exclusive custody and control of circuit court to be considered filed. For timely conversion of respondent to defendant, respondent in discovery must be served with summons and complaint within six months of filing of complaint; and motion to convert respondents to defendants must be filed within six months of having named respondent s in discovery. This case will have a great impact on all personal injury lawsuits.