"Green Card" in Litigation

We know what "green card" means when it comes to immigration law (and employment law). But I just ran across a reference to "green card" in a court docket that had a completely different meaning; searching for it revealed that this is actually a commonly used term. What does it refer to?

Comments

[David Nieporent]

Is it something other than the return receipt from the post office used to prove certified mail was delivered?

[Eugene Volokh]

No, it's just that.

[Tom for equal rights]

Green card commonly refers to the green certified mail receipt. Somewhat less common today with electronic filing and email.

[Beldar]

In your court appearances, Prof. V, perhaps you've benefited from having opponents who always have shown up.

I can't count the number of times I've had a judge ask, "Did you give proper notice of this hearing to your opponent?" In the good old days, the answer was: "Yes, Your Honor, and here's the green card showing CM/RRR mailing to back up the assertions I made as an officer of the court in my certificate of service. And here's my proposed order for you to sign."

Nowadays, it's: "Yes, Your Honor, and proof of service is duly reflected in the e-file records on the district clerk's website, and my motion attached a proposed order for signature by the court."

When dealing with pro se litigants who don't have email addresses registered in efile.texas.gov, though — and occasionally when dealing with opposing counsel who I mistrust — I still advise using multiple means to assure best practicable proof of notice under the circumstances, typically with a combination of email and two types of snail-mail (first class and CM/RRR).

[MN2828]

Remember it well. As well as my assistant spending hours stapling green cards to pleadings . . . just in case I needed to prove notice. Such a nightmare in multiparty cases. E-filing and automatic service have largely killed this "tradition."

[phoqueue]

I've never heard the term "green card," and I've been litigating and using CMRRR for many, many years. I wonder if it's a regional term.

[Scribe]

No idea - probably something particular to the jurisdiction.

But I do know that, in the criminal courts of Jersey City, Paterson and Newark, those garden spots of the Garden State, a Mr. Green is an essential witness in many, many cases. You'll hear it at initial arraignments and initial bail hearings, how the defendant has identified Mr. Green as an essential witness who has to be found and interviewed before a formal appearance or plea can be entered, and before any discussion of bail is appropriate. Often the judge will ask whether there's an ETA on finding him. It's a scheduling thing. It's no big deal to get 2 or 3 or even 4 days.

In other words, that's Lawyer for "the family is trying to scrape together my fee, so while they want me to represent him and I'm willing, I'm also not formally representing the defendant yet and you can keep him in the clink until the family brings the money."

[KenveeB]

Yeah, I've heard about green cards from certified mail to show proof of service forever. They're fading out because e-file is so common now.

[John F. Carr]

When is certified mail sufficient service, as opposed to delivery in hand?

In my state Small Claims summonses can be mailed in duplicate, one First Class and one Certified Mail. If the recipient refuses to sign for the Certified Mail envelope but the First Class envelope is not returned, the court can presume the defendant received adequate notice.

[Dr. Ed 2]

That's (a) placing a lot of faith in the ever-so-competent USPS and (b) the ethics of some debt collection attorneys. How do you prove that you didn't get it returned -- or that those incompetent schmucks would even bother to return it if it were undeliverable?

I've even seen letter carriers sign the green form because they didn't want to deal with returning the item. I assume that's illegal, but it's the Post Office who only answers to God -- when it wishes to.

[David Nieporent]

I’ve even seen letter carriers sign the green form because they didn’t want to deal with returning the item.

Sure you have.

[John F. Carr]

Process servers can also lie about serving defendants.

I think court staff mails the small claims summons, so you have to trust them rather than trusting the plaintiff.

[LKB]

And then for some of us there's also the "Greenbook."

The Greenbook (a/k/a Texas Rules of Form) is the Texas Law Review's Texas-specific supplement to the Bluebook. (For you non-lawyers, the Bluebook is the go-to authority on the correct way to cite legal cases and other authorities.)

[Beldar]

Bless your heart. I was thinking the same thing.

[windycityattorney]

Green cards are what we used to call medical marijuana cards. They weren't green. But it could let you into a store to buy some 'green.'

Also postal crap but that is more boring.