Question: Is there prose that is more effective to rebut the Defendant's claim of not receiving a message? IANAL and would like to understand how to effectively communicate to the Authority (judges, etc.) who are not necessarily versed with modern technology (i.e. still using fax).
Context: A Florida defendant is bound to broadcast a message per Florida statute. The plaintiff emailed the message and requested confirmation to the plaintiff's agent. The Defendant's agent contemporaneously acknowledged via email receiving the email that contained said message along with other related information. The Defendant now claims that the agent did not received the message.
Speculation: either the defendant (including it agent) has failed to read the email containing the message sufficiently or the defendant response is pretextual
A complaint must be in written form and is limited to "the four corners" of the written complaint. Given that the message was sent via email with a specific date and time stamp. What is the most persuasive written strategy to claim and demonstrate that said message was sent and received? Given the prose:
Plaintiff emailed the message to the defendant and requested for confirmation of receipt in said email. Defendant's agent replied via email on 1/1/70 15:30PM to the plaintiff's inquiry. The message was provided in a two-page attachment and are provided in the complaint's exhibit #123.
Is there prose that is more effective to rebut the Defendant's claim of not receiving the message? I pose the question because IANAL and would like to know if there is any issue with the substance or form, from the perspective of either a practicing attorney or judge.
