It involves serving documents, such as a defendant or a witness, electronically, so that they gain jurisdiction over the party or non-party. Depending on the case, the court, and the location, such a service may be necessary. When dealing with elusive subjects or when a case needs to be moved along quickly, electronic service of process is often used as a last resort.

Process servers offer digital service of process as life increasingly moves online.

How do you serve someone electronically?

In most cases, an eService involves transferring digital documents via popular online mediums, such as email or social media, depending on the circumstances of the situation. The ServeManager solution also includes a digital service of process solution that process servers can use.

Through social media, legal documents are delivered electronically via a private messenger application of whatever medium the defendant uses. There are no official regulations as to who can serve process electronically, so eService cases have relied on traditional service rules to date. Some of these sites notify you when messages are received and read.

The process server's responsibility in an electronic Service case is to verify that the defendant's email and profile addresses are accurate and are regularly checked by the defendant. Both of these things must be demonstrated before eService will be approved by the court.

When can you use eService?

If all other methods of service of process have been exhausted, electronic service of process is most commonly used. Although some argue that eService is more effective than service by publication, it must be demonstrated that the defendant actually uses the account that is being used for eService before it can be used.

Are there any mediums that can be used to serve electronically?

It was once mostly email that provided eService, but now it includes Facebook, Twitter, WhatsApp, and electronic publication as well. With court approval, the app can be used for eService as long as the owner of the account can be verified and they consistently use it.

What are the locations where you can eServe?

In spite of the fact that several countries have begun adopting electronic service of process, international eService can still be complicated because each country operates under its own treaties, laws, and procedures.

In the US, alternative methods of service are determined by each individual court. Consult your local court's rules, codes, and statutes to learn how they handle eService.

How do you obtain proof of service with electronic service?

The challenge with eService is that some mediums do not report whether a message has been read. Facebook, for example, will notify you when it has been read.

Using ServeManager's electronic service of process feature, you can send a service notification to the recipient and see when it has been viewed, when the physical service requirements have been waived, and when the service documents have been downloaded.

When filing a proof of service with the court, different states require different proof of service documents, especially when dealing with electronic service.

By using ServeManager's eService tool, updates are sent at each step of the process. Process servers will receive notifications when the recipient opens the email, clicks on the link, waives their right to physical service, and downloads the documents.

Once these steps have been completed, the process server can prepare an affidavit that includes an audit trail of the status of email receipts, waivers, and documents downloaded. The process server will then be able to print, save as a pdf file, or email to the client contact(s) through ServeManager.