Item Number: #0012
Description
Support limited electronic service of process - electronically to process servers who will serve in person
Owner: Jim Price
Status: Open
Priority: High
Due Date: 08 Feb 2016
Comments
Mr. James Cabral 2012-12-09 23:11 UTC
Add elements to Service Message to indicate type of service and service recipient
Mr. James Cabral 2014-07-15 06:22 UTC
Add elements to Service Message to indicate type of service and service recipient
proposed ServeProcess message
assuming Filing Assembly MDE will send the ServeProcess message
determine where ServeProcess belongs in sequence diagram
Consider renaming ServeFiling and ServeProcess to avoid confusion
Jim Price 2014-11-17 18:02 UTC
Submitted a draft Limited Service of Process position paper for consideration by the ECF TC.
Mr. James Cabral 2015-10-02 14:13 UTC
? Service by social media (exceptional basis - similar to publication required by court order)
? A few states allow service prior to case being filed
? Varied approaches to service ? corporate vs. individuals
? Add to ECF 5 a method of facilitating primary service
? The TC recently voted to post position paper for public review ? should be posted within the next week
? Groups enabling:
o Registered agents
o Sheriffs
o Special/private process servers
? We?re really talking about delivery, not actual service
? What changes are needed in ECF?
o Common registration service
o ServeProcess message
? Confirmed plan for public review and distribution to encourage feedback
? Further action will be taken based on feedback from the public review
Mr. James Cabral 2015-11-10 20:09 UTC
Jim Price and George Knecht will log the comments we received and draft responses on behalf of the TC
Mr. James Cabral 2016-01-16 17:43 UTC
Address the following feedback from the public review:
CALSPro:
2. Many jurisdictions require proofs of service to be notarized, which may introduce implementation challenges.
5. For electronic service of primary service of process to work, it must be voluntary, meaning the parties (both the initiator and the recipient) must agree or consent to this manner or method of service.
7. Electronic service of primary service is an exception that is only allowed in state courts when a party can demonstrate to the court that they have exhausted all other traditional manners of service. Then and only then will the court consider prescribing an alternative manner of service.
8. Identified a conflict in section 2 Major Facts (5.b.iii and 5.b.iv).
10. Common Registration System should not be maintained behind a paywall (maintains aforementioned theme "...free of vendor specific barriers").
11. Generally, litigants do not affect primary service of process. Instead, litigants generally initiate the service event and an authorized person or entity actually serves the documents. Litigants can and do, however, affect secondary service of process.
NCR:
4. The system should be designed in a way that ... does not preclude alternative methods of service on commercial registered agents and others as statutes and court rules evolve.
5. While it is not necessary for commercial registered agents to have access to the court records, there should be a way for commercial registered agents and other interested parties to receive service and communications directly from the court electronically.
6. NCR is agnostic on the proposed Legal Service MDE Enhancements for Limited SOP; however, we believe the GetFilingAssemblyProvidersOperations option will be more difficult to maintain.
7. The system should not hinder any of the methods by which [registered agents] currently receive process.
Jim Price 2016-04-12 14:25 UTC
Proposed process flow submitted for TC review.
Jim Price 2016-04-12 14:57 UTC
Proposed process flow submitted for TC review.
Referenced Items
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Proposed Changes to ECF for Limited Service of Process (3MB) | 2013-04-09 | Download | View Details |
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ecf-esop-v2 0-wd01 v0.12.doc (562K) | 2015-09-17 | Download | View Details |
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Expansion of Legal Service v1.0 CNPRD01 (no size) | 2015-09-08 | Download | View Details |
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ecf-esop-v1.0_with_CALSPro_proposed_edits_and_comments__10-27-15.pdf (508K) | 2015-11-10 | Download | View Details |
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ecf-esop-v1_0-cnprd01.doc (569K) | 2015-11-10 | Download | View Details |
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10-31-2015CommentFinal.pdf (652K) | 2015-11-10 | Download | View Details |
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ECF-ESOP-v_10_Cover_Letter_Final_Draft_Rev-1.pdf (160K) | 2015-11-10 | Download | View Details |
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NAPPS_eSOP_Response_to_Oasis_(Final_Draft).pdf (1MB) | 2015-11-10 | Download | View Details |
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NJPPSA_Response_to_Oasis.pdf (2MB) | 2015-11-10 | Download | View Details |
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Proposed eService Processes v 0.03.docx (16K) | 2016-04-12 | Download | View Details |
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DRAFT Limited Service of Process - Process Flow Diagrams v0.01.vsd (132K) | 2016-07-11 | Download | View Details |