RE: [legalxml-courtfiling] First unresolved agenda item

[Shane.Durham@lexisnexis.com]

>> Do we need to specify additional messages for

>> a. Transmitting service information, including the documents to be served, to a Service MDE

 

I think certainly yes.  'Service' is an interaction and message-type distinct from the others we have described.

 

We *could* make our existing rectangular pegs fit this square hole...

..but, we'll NOT end-up with a particularly good solution.

 

 

>>b. Transmitting information from the Service MDE to the court to indicate that service has been completed?

 

It might-or-might-not be legally relevant that the service was delivered to the intended recipient.  In prior discussions, we have said that, so long as the sender knows that service was transmitted to the recipient's 'service MDE', then the sender has fulfilled their obligations (consistent with any implicitly/explicit service assertions expressed in their filing).  

 

Whether or not the service MDE was ultimately able to get the service data to the intended user, is not an issue for the sender.  This is parallel with the paper-world, in which a filer may indicate service was placed in UsMail, without ever caring whether service was truly delivered (or even deliverable) to the recipient's address.

 

However, from my discussion with LexisNexis' functional folks, 'Delivery completed' is an apparently important warm-fuzzy value to the filing community.  Furthermore, despite OASIS LegalXML's discussions, *some* judges might demand a higher-standard for their courts' service processes.  

 

So, with those thoughts in mind, I advocate that the service MDE should send a callback message to indicate when service data has indeed been delivered (or has failed to be delivered) to the intended recipient via whatever-means the recipient pre-arranged with their MDE.

 

Each implementation will then have to decide what it functionally means when a recipient's MDE indicates that it was unable to deliver the service to the intended recipient.  (In the paper-world, what would it mean if/when the UsMail indicates that service could not be delivered?)

 

- Shane Durham

LexisNexis

 

 

 

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From: John M. Greacen [mailto:john@greacen.net]
Sent: Friday, May 27, 2005 3:43 PM
To: Electronic Court Filing Technical Committeee
Subject: [legalxml-courtfiling] First unresolved agenda item

There were two items not reached on Tuesday’s agenda.  I have been asked if we can try to resolve them without another phone call. Please post your comments to this item on the list by no later than Tuesday of next week.

 

1. Do we need to specify additional messages for

 

1. Transmitting service information, including the documents to be served, to a Service MDE and
2. Transmitting information from the Service MDE to the court to indicate that service has been completed?

 

 

 

 

 

John M. Greacen

Greacen Associates, LLC

HCR 78 Box 23

Regina, New Mexico 87046

505-289-2164

505-289-2163 (fax)

505-780-1450 (cell)

john@greacen.net