Electronic Service of Process Proposal by OASIS
CALSPro Legislative Committee recently was notified of the attached proposal from the LegalXML Electronic Filing Technical Committee that would, if the proposal is adopted as written and implemented by courts it could have far reaching ramification on the industry. Some of the proposed standards outlines the court acting as a conduit to deliver service documents to process servers and sheriffs after the initial complaint is filed. The premise is the court would set up a registry that facilitates SOP on Registered Agents and perhaps others who would opt for or consent to waiving physical service and then the court would actually handle the electronic service.
The group (OASIS ECF EF TC) responsible for this proposal is the same group that is responsible for the current nationally recognized electronic filing technical standards and specifications. The current version is already being used by court in the USA that serve over 1/3 of the population. CALSPro was afforded the opportunity to respond to their proposal regarding electronic standards, ECF 5.0 and outline the importance of protecting the due process rights of litigants and the role of a traditional process server.
CALSPro Legislative Committee provided a comprehensive response on October 30, 2015 to address our concerns, while providing insight on the pitfalls of electronic service and how service must be performed by a disinterested trusted third party.
For more information on the OASIS proposal and CALSPro response, please click on the links below: