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Saturday, April 14, 2012

Electronic Service of Process

Well, the day is here; or, at least it's getting here.  Lexis/Nexis, the huge legal data base firm [and a charter member of the "Big Data" club], reports that some courts in several Commonwealth countries are allowing alternative service of legal papers via, well, er, Facebook, and other electronic means designed to achieve delivery -in fact- of legal papers.

In the UK, the High Court allowed an injunction to be served via Facebook on an anonymous [and abusive] commenter to Donal Blaney's conservative blog.  Imagine that...

In Australia, a foreclosure notice was ordered to be sent to the delinquent homeowners via Facebook.  Under Canada's rules of alternate service, notice of a claim was sent to the defendant both through his employer, and via Facebook. And in New Zealand, a the initial complaint in a business dispute was allowed to be served on the missing defendant through a company Facebook page.

No reported cases here in the US folks, but it won't be long.  These days, perhaps the most sure-fire way to get someone, at least a person that has a FB account, is by posting on their wall or sending a message.

Texas lawyer John G. Browning addresses the issue in an excellent article published in the Texas Bar Journal.  More on this to come, for sure...

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Anonymous Howard M. Cohn & Associates said...

It's all about another story in Africa because of digital divide.

June 10, 2012 at 11:37 PM 
Anonymous small claims forms california said...

IT devices and computers can speed up legal process. Because of computerization, reducing piles of papers in courthouse to minimum is possible.

June 13, 2012 at 11:57 AM 
Anonymous probate law firm said...

With IT and devices, legal process and services will be more speedy.

June 25, 2012 at 1:25 PM 
Anonymous legal video deposition said...

That is right, computers and technology can speed up the legal process and reduce cost.

August 15, 2012 at 12:33 PM 

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