I agree. But it is kind of like Clinton asking what "is" means. If it gets you out of a jam, so be it. So is it a feasible excuse in any way whatsoever in your estimation?
I suppose it could be used as an excuse for not being able to answer questions, as in "Huh? I got served with what? What are you talking about?"
But to defeat the vailidity of the service, I tend to doubt it. I wonder if Alabama law requires some sort of subjective awareness -- again, doubt it.
I suppose judge might order a different date. What will likely happen is that Fulmer's lawyer will call these guys and say, "Hey, the 25th sucks for us. My kid is graduating preschool that day. Let's move it."
It would oridinarily be moved as a courtesy. But if the lawyers are difficult, then CPF's lawyers file a motion for protective order in the Alabama court where this is pending and ask the judge to make them move it.
The damage this could cause PR-wise is pretty significant. Especially if the media is allowed into the deposition, which is a possibility. Even if they aren't, you can bet that ESPN and CNN/SI will stake this one out and be all over Fulmer and the lawyers about what goes on in it.
Going to be tough for CPF to keep the focus on football over that three days. Very tough.