Resources/Articles

 
We are attempting to combine on this page resources and articles relating to e-service. We need help in building this resource so if you find something we have missed, please forward to us via fax or mail.
 
 
E-Service Monitoring Project
Following are existing e-service programs already in place.  If you know of others, please contact us at administration@e-serviceofprocess.info. This information is valuable to this project, and to other process servers in the country. This E-Filing Monitoring Project is tracking programs associated with E-Filing that are being introduced locally throughout the country. Your input is vital to this project. Why should you care? Learning about these E-Filing and E-Service projects in other areas will help you understand how they function in the courts, and because they are likely to turn up in a similar form in your local courts as well. These programs eliminate court filings, record searches and service of process assignments traditionally provided by messengers, process servers and private investigators.
 
South Carolina Law Requiring Corporations and Partnerships to Provide an E-Mail Address For Service of Summons
In South Carolina, the legislature passed a law effective July, 2004 adopting the Uniform Electronic Transactions Act and mandating that all corporations and partnerships register an e-mail address for service of original process (Summons and Complaints) under SCRCP 4(d)(3) and 4(d)(8).  The South Carolina Supreme Court has issued an Administrative Order requesting comments from participants involved with e-service of documents between parties under SCRCP 5(b)(1) by February 28, 2005 so that a determination may be made to "extend (e-service) at a later date to service of summons and complaints."
 
This is a short news article that appears on the e-Republic, Inc. web site.
 
3/4/05 UPDATE: The South Carolina Supreme Court received no comments in response to the Administrative Order issued on November 15, 2004.
 
Clark County, NV (Las Vegas) Family Law E-Filing and E-Service Rules and Forms
In Clark County, Nevada, the e-filing vendor in that jurisdiction will file Family Law documents for $6.00, and E-Serve the respondent for an additional $10.00.  The respondent must sign a "Consent to Service by Electronic Means" form. The form is posted on the Clark County web site, and does not distinguish it as a family law form. Expect this practice to expand to other civil matters in that court.

 

San Francisco County Superior Court Local Rules for E-Filing and E-Service
In San Francisco Superior Court, California, as of 2/14/05, the second draft of a proposed local rule, Amended General Order No. 158,  is to be circulated privately among asbestos litigants to be finalized.  The prior draft of the proposed rule is difficult to find as the link to the proposed rules section states that there are no proposed rules pending. The program calls for a single, exclusive vendor that will file all asbestos documents for a fee, then serve any and all opposing counsel for another fee.  Records retrieval will be available at a mirrored site at the court, or online through the exclusive vendor for yet another fee.
 
 
Resources
Following are sources to learn more about e-service and e-filing.
 

American Bar Association Best Practices for Electronic Service of Process

The ABA Best Practices do not promote the use of in-hand service as a preferred method of service, but rather when a waiver of service is received by the plaintiff who attests to the waiver, e-service should be encouraged.

 

Introduction to E-Filing  by Stephen Soul
A lawyer in Vermont gives a thorough introductory overview of e-filing.
 
E-Filing Projects in the United States
WendyTech Article as of 2001. The E-filing companies list their projects on their web sites.
 
Lexis-Nexis
Wiznet
 
National Center for State Courts
 
@Court,Inc.
Accelerating Justice: A Case for Open Standards in Electronic Litigation Services (ELS). A "White Paper" explaining the preference for open standards for e-filing vendors' participation in the courts.
 
Jurisdiction in Cyberspace  by Henry J. Perritt, Jr.
 
Federal Rulemaking
The Federal Judiciary site where you can following the Federal Rules proposed changes and learn about the rule making process, find dates, times and location of hearings, etc.
 
New Electronic Rules in Place
Federal Courts announcing that all federal courts are conducting e-filing.
 
 
US Postal Service Electronic Postmark (USPS EPM) "The USPS Electronic Postmark® (USPS EPM®) is a web-based security service that enables users to verify authenticity, provide tamper detection, and date and timestamp electronic documents and files. Evidence of content authenticity is stored in the USPS EPM repository for seven years to ensure trusted non-repudiation of content." The USPS EPM® is being written into e-service of process laws that is intended to provide confirmation of receipt.
 
The algorithm for the USPS EPM has been cracked by 3 Chinese researchers.  See the weblog of Bruce Schneier renown security analyst.
 
For non-techie further reading on the subject, such as how it works, how "hashes" compare to "encryption", etc., we recommend the following article: http://www.unixwiz.net/techtips/iguide-crypto-hashes.html
 
 
Legal Authority re E-Service
 
Appellate Decisions
 

Rio Properties, Inc. v. Rio Intern. Interlink 284 F.3d 1007, 52 Fed.R.Serv.3d 239, 62 U.S.P.Q.2d 1161 (2002)

US Court of Appeals, 9th Circuit appellate opinion authorizing service on a Costa Rica entity via e-mail. Default judgment was deem proper after court ordered service by email on a defendant that repeatedly evaded service of process and failed to respond to discovery.  

 

Ninth Circuit Court of Appeals Approves Service of Process by E-mail, Article by Michael Geibelson and David Toepfer of Robins Kaplan Miller & Ciresi, LLP

E-Mail Service Has Arrived and Soon May Be Readily Accepted, Article by Matthew P. Kanny and Jonathan M. Eisenberg of Manatt Phelps & Phillips

Trademark Enforcement Goes Global: New Options for IP Attorneys, Article by Mark V. B. Partridge for law.com

 

Law Review Articles

 

You’ve Got Mail:  The Modern Trend Towards Universal Electronic Service of Process by: Jeremy A. Colby

Buffalo Law Review (2003) Vol. 51, pages 337-382 The article supports e-service and proposes an interpretation of FRCivP § 4 (service of summonses and complaints) and FRCivP § 45 (service of subpoenas) in federal actions.