Federal Service by Email

[bokaba]

What is the name of your state (only U.S. law)? California; 9th Cir.

In order to be served by email in a federal case do I need to consent to be served in that fashion in writing under Fed. Rules Civ. P. Rule 5(b)(2)(E)? If no consent is given or expressly refused, is service by email invalid?

 

[Mass_Shyster]

yes and yes

 

[bokaba]

yes and yes

That's what I figured based on the text of the rule. I've read that courts in Australia and New Zealand though have upheld legal service on Facebook

 

[Mass_Shyster]

That's what I figured based on the text of the rule. I've read that courts in Australia and New Zealand though have upheld legal service on Facebook

Some countries may uphold legal service by telepathy for all I know. It doesn't affect the Federal Rules.

 

[racer72]

That's what I figured based on the text of the rule. I've read that courts in Australia and New Zealand though have upheld legal service on Facebook

US law only.

 

[latigo]

What is the name of your state (only U.S. law)? California; 9th Cir.

In order to be served by email in a federal case do I need to consent to be served in that fashion in writing under Fed. Rules Civ. P. Rule 5(b)(2)(E)? If no consent is given or expressly refused, is service by email invalid?

Come on serious questions only.

You’ve read the rule and there shouldn’t be any confusion over the conditional clause (emphasis added) “. . . IF the person consented in writing – “!

 

[bokaba]

I was just double checking. Sometimes situation can be implied by fact, though it does not appear to be that way here. Service by fax or email are invalid where the defendant did not consent to be served in that fashion in writing (U.S. v. Flowers, 464 F3d 1127 (10th Cir. 2006)). My other question is if one does consent to such service in writing where must that consent be tendered? To the district court, plaintiff, attorney of record, etc.?

 

[tranquility]

To the one who might assert it.