Thursday, August 29, 2013

New York City is Not Kind to the Process Serving Industry!

NYC Process Servers - Regulations Run-Amok?


Some have argued that this is a success story.  But for the efforts and $ of NYSPPSA and NAPPS the number of out of business process servers and process serving agencies would be a lot higher.   If this is model of a successful effort by a NAPPS and NYSPPSA I would hate to see a failure. 

All kidding aside, this is a tragedy that was addressed by some smart well-meaning folks.  Unfortunately, the combination of a few large agencies that did commit sewer service and an environment where the DCA regulates anything that moves was too much to overcome.  It is likely that no amount of money would have made a difference. 
You can find copies of charges issued to process servers in NYC and settlements here.  Scary list of charges and settlements... Name a process server in NYC or an Agency they are probably on the DCA's list. 

by jeff karotkin

Thursday, August 22, 2013

FEWER FEDERAL SUBPEONAS - COMING SOON?

FEWER FEDERAL SUBPEONAS - COMING SOON?
 


A few days ago I posted to this group a message about the proposed amendments to the Federal Rules of Civil Procedure. I specifically cited a proposed change to Rule 4 that would reduce the number of days to effect service from 120 to 60 days. This change probably does not have an adverse impact upon the process serving industry.

The published proposals also include changes to the Federal discovery rules, that if passed could have a tremendous impact on the timing of civil discovery and could severely limit the amount of discovery that will allowed in a Federal case. Proposed amendments to Rules 30 and 31 reduce the number of depositions from 10 to 5 and the time limit for each deposition from seven hours to six hours. Rule 33 would be revised to lower the number of interrogatories from 25 to 15. Parties would still be able to seek leave of court to exceed these limits.

by Jeff Karotkin

 

Thursday, August 15, 2013

Proposed Amendments to the Federal Rules of Civil Procedure - Rule 4 Summons



Here is yet another example that if you want the most current, relevant and actionable information available related to the process serving industry you should follow my blog and Facebook group... To be fair CALSPro and ServeNow are also excellent resources for information.

Please visit the link provided to see the Proposed Civil and Bankruptcy Rule Changes.  Federal Rule 4 Summons is among those that may be changed.  Specifically section (m) Time Limit for Service. The proposed change would reduce the time allowed to serve the Summons from 120 days to 60 days.   This change, together with the shortened times for issuing a scheduling order set by amended Rule 16(b)(2), will reduce delay at the beginning of litigation.

On August 15, 2013, the public comment period opens for the proposed amendments to Civil Rules 1, 4, 6, 16, 26, 30, 31, 33, 34, 36, 37, 55, 84, and Appendix of Forms. The public comment period closes on February 15, 2014.
If you are inclined to comment you can do so here.

by: Jeff H. Karotkin