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December 16, 2008

Comments

Jon

Ah, fun issue. This reminds me of my favorite quote that "The law should never be the prisoner of ideas" (shenk v shenk). Not being a lawyer, I would imagine that the rules committee would allow one off decisions such as this to see how well they work.

Though, if you ask me, it rather skirts the whole issue of electronic service in general. If serving a person via facebook can be considered legit, then why not service via email? What about new third party services that attempts to serve electronically in a way that attempts to capture if the document was recieved. There already exist solutions such as readnotify.com and other email tracking tools that can both verify that an email has been sent to an email address as well as putting in a pretty good guess at when and where it was read.

Many of these electronic options could be used by a large majority of people involved in litigation, though you may still have some issues with the people who really just don't want to be found. Imagine a point in the future where a summons is issued to both the plaintiff as well as the defendant electronically as soon as it is authorized. We could get to the point where most process is served within hours of issuance instead of within weeks or months. I suppose that goes against the whole "the courts should be inconvenient and a bastion of last resort intentionally so that the warring parties will be more willing to just work things out."

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