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Yes, we live in a digital age, but personal service of process remains the best and most efficient way to ensure that due-process rights are upheld. This article by attorney Steven Teppler details this beautifully. http://www.natlawreview.com/article/continuing-relevance-personal-service-process
I would have to agree with Steve. Establishing jurisdiction while making sure that an individual’s right to due process is best done through personal service.
*Establishing jurisdiction while making sure than an individual’s right to process is protected is best done through personal service.
There are some concerns with service over the internet just as there are some concerns with some process servers. The goal should be to provide for due process . Although the Teppler article is interesting support it is a paper commissioned for the purposes to save personal service. There are a lot of contrary thoughts circulating in the industry. Every day we get sidetracked to other issues is another day we get closer to a solutions that ends personal service. It ends a trade that many are scheduled to retire from soon anyway. With them goes an industry.
In fact if electronic service becomes the standards the few process that remain may be dutiful handled by sheriff’s and eliminate the coined phrase that has seem to be identified with private process servers. These issues began as well reported in New York in 1973, 1986, 1999, and now again in 2009. The question is why didn’t the representatives of the trade prevent today and tomorrows solutions from happening? There may have been a real failure of leadership and credibility.
The 1986 report from New York can be found here: http://www.pstrade.us/protected/newyork/reports/joint%20investigations%20process%20servers%201986%20New%20York.pdf
Very interesting! In my opinion Canadian courts are not ready for this yet…that is …service by Facebook, Twitter or email. On another front….we now get many docs for service and law office instruction letters by email attachments.
Submitted by: Martin Dand – processserverMD from Twitter