How does the mailbox rule work?

*12 (citing Schikore, 269 F.3d at 961). The mailbox rule is a settled feature of federal common law. Id. (citing Hagner v. United States, 285 U.S. 427, 430 (1932)). A court must determine whether the sender has presented sufficient evidence of mailing to invoke the presumption of receipt. See Banga, 2013 WL 71772, at *12 (citing Schikore, 269 F.3d at 963). "If the sender invokes the presumption, the putative recipient must present sufficient evidence of non-receipt to rebut the presumption." Id.

In effect, the presumption of receipt "resolves the 'swearing contest' where one party claims to have mailed a document and the other party claims it does not have the document." Id. (citing Schikore, 269 F.3d at 963). "[T]he presumption of mailing can only be rebutted by actual evidence of non-receipt." Id. (citing Chavez v. Bank of America, No. C 10-653, 2011 WL 4712204, at *6 (N.D. Cal. Oct. 7, 2011)).