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Tuesday, August 7, 2012

Service of Process via Text Messaging... Constitutional?

Text Message Service of Process - No Lol Matter: Whether Text Message Service of Process Comports with Due Process

by

Claire M Specht



Boston College Law Review

August 2, 2012


Boston College Law Review, Forthcoming



This Law Review Article like several others I have posted to this blog over the years explores the history and legal precedents of lawful Service of Process, as well as exploring whether or not the courts and other rule making bodies should consider alternative forms of service that conform with modern technologies. This Law Review Article focuses onText Messaging as a manner of service and whether it could be reasonably be calulated to provide actaul notice. 

"Advantages and Limitations of E-mail Service of Process

Despite the significant push for allowing e-mail service of process amongst scholars and practitioners, scholars have extensively dis-cussed the advantages and disadvantages arising from e-mail service of process. Some scholars argue that the advantages of e-mail service of process outweigh the disadvantages. These scholars appeal to the extensive use of e-mail by individuals both domestically and abroad. Moreover, serving process via e-mail is efficient as it costs little, if any-thing, to send and results in almost instantaneous receipt. Further, at least one commentator has argued that service of process through e-mail is more likely to apprise the defendant of the proceedings be-cause it is not subject to movement but rather remains in the defen-dant’s inbox until it is opened."

In my opinion this article is a must read if you want to better understand the challenges and opportunities facing the private process serving industry in the United States and globally.

The full content can be found here.

Jeff H. Karotkin