Personal Service of Process Will Remain Relevant, According to Recent Article
- March 05, 2012
- by ServeNow Staff
As technology develops and continues to change the way process servers store their files, many professionals might be concerned about the future of the industry. Though electronic service is a hot topic that garners lots of controversy, a recent article published in The National Law Review reassures that technology advancements will likely never replace personal service of process.
The article, titled “The Continuing Relevance of Personal Service of Process,” was written by Steven W. Teppler with support from the National Association of Professional Process Servers (NAPPS). Through examples of laws in states that utilize electronic filing, the article discusses different patents and proposals surrounding electronic systems while providing evidence of why it will not replace personal service of process.
Although most documents in service of process are electronically generated and stored, they are printed off for the sole purpose of personal service by a professional process server. Systems that allow data to be electronically stored generally prohibit electronic service, and Federal and State systems do not allow electronic service, with few exceptions. A small number of state courts have adopted programs that allow electronic service of process, but they are utilized in limited circumstances. South Carolina, for example, only allows electronic service on corporations and partners using a certifying authority, but not on individuals. Nearly all instances where electronic service is allowed require consent and advanced notice from the person who will be receiving the papers, and can only be utilized when personal and substituted service are not options.
Even companies that are developing technology and proposals for electronic service acknowledge that personal service is the best way to ensure papers are served in accordance with all Rules of Civil Procedure. The Whois Subcommittee of the International Committee of the International Trademark Association (INTA) has published their proposal for electronic service of process, and still acknowledge the importance of personal service of process. Their proposal, which recommends utilizing a hypothetical website for electronic service of process through publication, stresses that it would only be recommended as a solution when traditional and substituted service would prove to be impossible. In short, even the people who are working to create technology for electronic service of process recognize the importance of due process and personal service.
Though electronic service is still not utilized, the electronic postmark, a software-based inked imprint that establishes that a specific document was created at a specific time, is sometimes used for dating documents. With recent developments, particularly in New York, that outline how electronic records must be maintained, it would seem that electronic service is close, but that is not the case. Though New York City requires hard copies to be made electronic and stored for five years following the expiration of appeals, the city has made no steps toward adopting an electronic service program.
The article points out a number of issues associated with electronic service, including the growing frequency of online identity theft, data breaches, scams and computer outages. Since current technology continues to struggle to keep up with a number of security issues and threats, it would be difficult to ensure that electronic service is effectuated successfully without violating any due process.
Steven Teppler makes an unwavering case for personal service as not only a vital component of due process, but a necessary one -- the significance of which can easily be overlooked in today’s increasingly digitized world.
Larry Yellon, NAPPS President
In the article, Teppler provides the opinion that “the underlying reason for the continuing and near universal preference for personal service is that while electronic filing offers significant post-litigation commencement benefits, it fails to address issues uniquely inherent to initial service of process.” Teppler continues to state that although technology will continue to advance in the coming years, “it is highly unlikely that any such advancement, standing alone, will satisfy the constitutional due process requirements in initiating a lawsuit.” In short, Teppler believes that even though technology will continue to advance, personal service will remain the most dependable way to ensure that service is effectuated legally.
NAPPS President Larry Yellon says the organization was not surprised by the findings presented in the article. “We believe that the recently published article in The National Law Review is the definitive piece on personal process service,” he says. “In it, attorney Steven Teppler makes an unwavering case for personal service as not only a vital component of due process but a necessary one -- the significance of which can easily be overlooked in today’s increasingly digitized world.”
Yellon concludes, “Mr. Teppler argues that personal, physical service of process remains the best way of guaranteeing actual notice to a defendant -- a belief we at NAPPS wholeheartedly share.”
For more information and to read the original article, click here.
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