Can spoliation letter be served via certified mail in maryland
In Maryland, the rules regarding service of a spoliation letter (also known as a spoliation notice or preservation letter) are governed by the Maryland Rules of Civil Procedure.
According to Maryland Rule 2-131, a spoliation letter can be served on a party or non-party by:
- Personal service: by handing the document to the person to be served, or by leaving it at their dwelling or usual place of abode with someone of suitable age and discretion who resides there.
- Mail: by sending the document by certified mail, return receipt requested, to the person's last known address.
- Substitute service: by serving the document on a person of suitable age and discretion who resides at the person's dwelling or usual place of abode, or by serving the document on a person who is authorized to accept service on behalf of the person to be served.
In your case, serving a spoliation letter via certified mail in Maryland is a permissible method of service, as long as you follow the requirements outlined in Maryland Rule 2-131. Specifically, you should:
- Send the document by certified mail, return receipt requested, to the person's last known address.
- Keep a record of the mailing, including the date of mailing, the name and address of the person to whom the document was mailed, and the tracking number or other proof of mailing.
- Obtain a return receipt from the postal service, which will provide proof of delivery.
It's important to note that service by certified mail is only effective if the document is actually received by the person to be served. If the document is returned as undeliverable or the person to be served claims they never received it, you may need to use an alternative method of service, such as personal service or substitute service.
Before serving a spoliation letter via certified mail, you may want to consult with an attorney to ensure that you are complying with all applicable laws and rules in Maryland.