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https://www.onpointexpertise.com/interestpoints/postalpresumption
Jan 21, 2016 · At the very least, the presumption of mailing should be rebuttable to allow a party to prove that he in fact did not receive a piece of mail. But perhaps we need to change the law on mailing altogether, and require delivery of documents by private carriers (such as FedEx) or–joining the 21st century– by email .
http://www.ca4.uscourts.gov/Opinions/Published/042254.P.pdf
the delivery presumption for certified mail, the mail delivery method required by a prior statute. The BIA further erred by holding Nibag-wire to the evidentiary standard for rebutting the delivery presump-tion for certified mail. Because the BIA applied the wrong presumption and rebuttal standard, we vacate the order denying
https://www.sgrlaw.com/the-importance-of-retaining-evidence-of-receipt/
[A] presumption of delivery should apply to e-mails. A jury is permitted to infer that information sent via a reliable means – such as the postal service or a telegram – was received.
http://scholarship.law.marquette.edu/cgi/viewcontent.cgi?article=3814&context=mulr
A new step in overcoming the presumption of receipt. upon mailing was inaugurated in a case where it appeared that by office. custom it was the duty of the office boy to put each letter into its proper. place, seal, stamp and mail it.
http://www.lgclawoffice.com/has-modern-technology-trumped-the-presumption-under-the-mailbox-rule/
The presumption of receipt derives from the long-standing common law “mailbox rule” that if a letter or document is properly addressed and delivered to the post office or postman via a mailbox, it is presumed to have been received by the person whom it was addressed.
https://www.fedsmith.com/2014/08/24/the-mailbox-rule/
Aug 24, 2014 · Historically, federal agencies have used what is known as the "mailbox rule." This maxim provides that if a notice or letter is properly addressed and duly mailed, it is presumed to have arrived at the mailing address in due course.
https://codes.findlaw.com/ca/evidence-code/evid-sect-641.html
California Code, Evidence Code - EVID CA EVID § 641. Search California Codes. A letter correctly addressed and properly mailed is presumed to have been received in the ordinary course of mail. FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system.
https://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3628.pdf
regular mail according to normal office procedures, there is a presumption of delivery, but it is weaker than the presumption that applies to documents sent by certified mail. Matter of Grijalva, 21 I&N Dec. 27 (BIA 1995), distinguished. (2) When an Immigration Judge adjudicates a …File Size: 42KB
https://law.justia.com/codes/california/2010/evid/630-647.html
A person in possession of an order on himself for the payment of money, or delivery of a thing, is presumed to have paid the money or delivered the thing accordingly. 635. An obligation possessed by the creditor is presumed not to have been paid.
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