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Subject: RE: [legalxml-courtfiling] RE: Limited Electronic Service of Process Proposal
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Robert, As you will see in the minutes, the TC voted Tuesday to put the current document out for public review. We still very much appreciate your comments and perspective. I think your point that objectives 1 and 2 are fundamentally distinct from objective 3 is very valuable feedback. The TC will need to consider how to address this when we meet face to face (in Minneapolis Sep 24-25). Thanks, __
Hi Jim, I've been wrestling with this latest version and have yet to offer my thoughts but today, a moment of clarity came about. I hope you don't mind me attempting to share my perspective again in hopes that I don't sound like a broken record. I like the revised working title of this document, "Expansion of Legal Service MDE". However, I continue to struggle with the term, Limited eSOP. My breakthrough, if you will, is I believe I now know why. Going back to the Introductory Objectives - there are three. 1. Enable authorized third-party organizations (e.g., process server, sheriff, constable) to receive service of process documents and document metadata through a Filing Assembly Major Design Element (FAMDE) or Filing Review MDE Electronic Filing Manager (EFM) for the purpose of completing service of process on behalf of a requesting individual or organization. 2. Enable authorized third-party organizations (e.g., process server company, sheriff, or constable) to submit proof-of-service documents and document metadata to a court through a system-to-system interface between the authorized third-party's records management system and an FAMDE or EFM. 3. Enable attorneys, who are either registered agents for an entity or attorneys of record representing parties on existing cases, to opt-in and accept primary service of documents electronically. (Implementation is subject to governing state statutes and applicable court rules). As I've stated prior, objective #1 and #2 are tasks related to process serving but not the actual service of process act itself. #3 however is true electronic service of process for primary documents. To be even more specific, I would state that objective #1 is a delivery task (not filing or service), #2 is a filing task (not service), and #3 is a service task (not filing). Objective #1 and #2 are evolutionary enhancements to the specification. They add value and help fill out the functionality chain. Objective #3 is revolutionary. It potentially adds significant value but also is potentially the most disruptive. My challenge has been trying to make meaningful comments to a document that is trying to accomplish different things but remains primarily labeled something it's not, Limited eSOP. Objective #3 is 100% electronic primary service of process that when performed properly, gives the courts and parties jurisdiction and standing. There is nothing Limited about it. If the TC wants to continue to bundle the 3 objectives together, then my position would be to remove any reference to "Limited eSOP". I find the term confusing and not representative to what the document is trying to communicate. Ideally though, I would keep #1 and #2 together and break out #3 into a separate document. I support all three objectives and appreciate the opportunity to be heard. It's just that in its current state, I struggle to comment meaningfully on the document. Thanks for listening. -Robert -----Original Message----- From: legalxml-courtfiling@lists.oasis-open.org [mailto:legalxml-courtfiling@lists.oasis-open.org] On Behalf Of Price, Jim Sent: Wednesday, September 02, 2015 5:25 PM To: legalxml-courtfiling@lists.oasis-open.org Subject: [legalxml-courtfiling] Limited Electronic Service of Process Proposal TC, The attached contains the latest version of the Limited Electronic Service of Process (eSOP) proposal for your consideration. Special thanks to George Knecht, Jim Cabral, Gary Graham, Robert DeFilippis, and Jeff Karotkin for their contributions in helping shape the proposal. Jim Price --------------------------------------------------------------------- To unsubscribe from this mail list, you must leave the OASIS TC that generates this mail. Follow this link to all your TCs in OASIS at: https://www.oasis-open.org/apps/org/workgroup/portal/my_workgroups.php |
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