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Thursday, February 2, 2012

Service of Subpoena by Fax

In an article published by the Atlantic Wire, explores the question whether Service of Process by facsimile is an acceptable and or lawful manner of delivery of a Subpoena. While service of Process by electronic means has been increasingly in the news, few courts nationally and internationally recognize electronic service as an acceptable manner of service unless other traditional manners have failed.

Malcolm Harris, a 23-year-old writer and editor, was informed by Twitter early this week that his account had been subpoenaed by the office of Manhattan District Attorney Cy Vance. He's concerned about law enforcement's reach into the newfangled social platform and is seeking to quash the subpoena, calling out, among other things, the method by which it was delivered. The DA's office, apparently, sent it by fax, handwritten cover sheet and all. How new and old worlds collide!
Do you think service by electronic means posses a real threat to the traditional process serving industry?