The recent OASIS proposal has moved along an existing conversation by the CALSPro association and has resulted in the inclusion of electronic service of process in their best practices.
The OASIS proposal seeks to suggest the use of e-service as well as set standards associated with it. CALSPro, along with NAPPS and NJPPSA, submitted comments in response to the proposal but also felt it was important to take the initiative in changing their own association’s best practices to stay current with changing times and technology.
The new standards stress the importance of due process and personal service as the preferred initial method of service and electronic service of process as a secondary means.
In keeping with the comments submitted to OASIS by national and state-level associations, CALSPro has also included the need for a disinterested third party to ensure due process rights are protected during electronic service.
The new best practices also include:
- Parties should be required to consent to electronic service of process
- A receipted transaction is required
- Manner and method should mimic standards for physical service of process
- Reliable proof documents were received should be provided
The document also lists specifics to be included with electronic service of process documents.
For the full addition to the best practices click here.