RE: ECF 5.0 and limited electronic service of process

[Robert DeFilippis <rtd@onelegal.com>]

> I just didn't want people to think that everything goes to a private process server.  
As much as the process serving industry hoped that were the case, it's certainly not true and over time, even less so.  

> Thinking about this just a bit more, many courts have their own government employee process servers
Fewer and fewer do, the result of budget realities.  Further, registered agents are only required to have a single location per state so unless the court is local, it's not happening that way.  Mail most likely or via a contacted courier.

-Robert


-----Original Message-----
From: McMillan, Jim [mailto:jmcmillan@ncsc.org] 
Sent: Tuesday, March 18, 2014 10:37 AM
To: Robert DeFilippis
Cc: James E Cabral; legalxml-courtfiling@lists.oasis-open.org
Subject: RE: ECF 5.0 and limited electronic service of process

Not at all Robert.  Thank you for sharing.  I just didn't want people to think that everything goes to a private process server.  Thinking about this just a bit more, many courts have their own government employee process servers (some court employees, others law enforcement like sheriff's).  

-----Original Message-----
From: Robert DeFilippis [mailto:rtd@onelegal.com] 
Sent: Tuesday, March 18, 2014 1:33 PM
To: McMillan, Jim
Cc: James E Cabral; legalxml-courtfiling@lists.oasis-open.org
Subject: RE: ECF 5.0 and limited electronic service of process

Jim,

I hope you don't mind if I chime in on this topic.  Registered agents receive process from several primary channels:

1. Process Servers (in person)
2. US Mail
3. Courier/Messenger (in person)

A filer has a choice of which option works best depending on statutes and their immediate situation.  However, from what I've seen, a filer sending notice to a registered agent, without an intermediary, really only happens via US Mail.

For what it's worth.


-Robert DeFilippis



From: legalxml-courtfiling@lists.oasis-open.org [mailto:legalxml-courtfiling@lists.oasis-open.org] On Behalf Of McMillan, Jim
Sent: Tuesday, March 18, 2014 9:44 AM
To: James E Cabral; legalxml-courtfiling@lists.oasis-open.org
Subject: [legalxml-courtfiling] RE: ECF 5.0 and limited electronic service of process

Let me check on this but from what I understand many times the registered agents receive notice from the filers. 

Jim McMillan

From: legalxml-courtfiling@lists.oasis-open.org [mailto:legalxml-courtfiling@lists.oasis-open.org] On Behalf Of James E Cabral
Sent: Tuesday, March 18, 2014 12:40 PM
To: legalxml-courtfiling@lists.oasis-open.org
Subject: [legalxml-courtfiling] ECF 5.0 and limited electronic service of process

I recently had a chance to brief staff from National Corporate Research (NCR), a professional registered agent company, on ECF 5.0.  In our discussions on the ECF TC, we have been considering how to standardize the electronic delivery of filings to process servers who would then serve in person.  We have had less discussion of how we could extend this to include electronic delivery to registered agents.  To clarify how it works today, registered agents receive filings from the process servers on behalf of their clients and then deliver the filings to their client in various electronic or non-electronic means.  NCR is concerned that they do not want to become in effect the in person process server - they simply do not have the staff to do this on a broad scale.   I’m confident other registered agents will have the same objection.

Based on these concerns, I suggest we consider limiting the scope of ECF 5.0 support for e-SOP to electronic delivery to process servers and removing references to registered agents.

--
Jim Cabral
502-509-4532