Facebook Service of Process Approved in S. Africa

SOUTH AFRICAN JUDGE ORDERS SERVICE OF PROCESS

VIA FACEBOOK

 

As if the Newspaper publishers did not already have enough challenges to their business model, Service via Publication in the back of a newspaper is loosing its appeal.  It would seem that it is being replaced by Service via Facebook, email and other electronic methods.   Those that follow the Process Serving industry know that service via publication in a newspaper is typically ordered by a court when all other methods of service have failed or have otherwise been exhausted.  Facebook seems to be the new preferred method of service when all other forms of service have failed. 

This from the Independent Online News in South Africa (IOLnews)

Judge explains Facebook summons

August 7 2012 at 09:51am
By Mervyn Naidoo

“Changes in communication technology have increased exponentially; therefore it is not unreasonable to expect the law to recognise such changes and accommodate it,” said Steyn in a written explanation.

“The present application, in my view, would not have been possible had it not been for a recent amendment to the uniform rules of a court which provides for service by way of electronic mail, registered post and fax,” said the judge...

link to story

This story is one of many similar stories I have addressed in recent years on this blog.  Do cases like this one and the others suggest that traditional process servers are going to cease to exist?  Personally I do not think so, but I do think it is important that process servers the world over acknowledge that times are changing and that we need to change with them and hopefully evolve so that we can become the electronic equivalent of a physical process server if that means that is the only way we will remain relevant and the due process rights of the practice are protected.

Jeff H. Karotkin



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