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Darity Wesley

Darity Wesley
Senior Attorney

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Changes in Service

By Darity Wesley

"There is no such thing as an insignificant improvement.."

- Tom Peters

Have you ever been in a circumstance where legal papers needed to be served? The process of delivering legal documents to a party in a legal matter, such as a lawsuit, complaint or petition originated in the U.S. Constitution's Due Process Clause. This law started to assure that any one named as a party be made aware of the process and is served the appropriate legal papers. The means of offering sufficient notice to a defendant has become fluid over the centuries and is changing again in the 21st century.

From the late 1700s through the early 1900s, in person process service as the exclusive means of delivery was adequate. In the 20th century, in-person service became impractical due to way people had spread out throughout the U.S. That lead the courts to agree to expand permitted delivery of a summons to the defendant's 'last and usual place of abode'. Next came the addition of service via registered mail. Then came the evolution of means of alternative service calculated to reach the party being served. Legal notice in a newspaper and via email became viable options and now the precedent has been set for enforceable legal process serving on Facebook....Read More

 

 

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