In the next issue of the Oregon State Bar Bulletin, I argue in favor of Oregon’s electronic service system – the “AndServe” of OJD eFileAndServe. Here are a few key excerpts modified for posting purposes.
State of the Art
OJD eFileAndServe is state of the art. When a document is filed, marked for service and accepted at the court, the system serves the selected service contacts by email. Included in the message is a hyperlink to the filed document. Filers receive proof of service via a service receipt/confirmation of filing acceptance and may also view the date and time a filing was opened by a service contact in the case.
Transmission of the email by the electronic filing system to selected service contacts constitutes service. Electronic service is complete when the system sends the email to the selected service contacts. UTCR 21.100(4) and (5).
Know the Rules! Written Consent to eService is Not Required
While using eService isn’t mandatory, making yourself available for eService is. UTCR 21.100(2)(a) requires entry of service contact information at the time of a filer’s first electronic filing in an action. Filers who appear in a case by eFiling documents which are accepted by the court are deemed to consent to electronic service. UTCR 21.100(1)(a). The only exception: documents that require personal service or service under ORCP 7. A written consent agreement between the parties is not required, a belief that some have promoted.
If you discover that an opponent has failed to enter his or her service contact information, make a phone call, write an email or send a letter. Keep in mind that approximately one-fifth of all respondents to a 2017 eCourt survey reported being unaware of the service contact requirements.
It Really is that Simple!
eService is accomplished in four easy steps:
- Login to the system. From the “Filing Type” dropdown, select “eFileAndServe.”
- Complete the filing details and save changes.
- Select the parties you wish to serve from the Service Contacts box section.
- Complete other data entry as needed and submit your filing.
The only difference between using eFile – which is mandatory for all Oregon lawyers – and eFileAndServe is a mouse click at login and selecting your service contacts. It really is that simple.
Prefer Service by Email?
There are important limitations on service by email – some practical, some rule-based. The forthcoming article contains a full discussion. But what about the fact that most lawyers serving by email are doing so contemporaneously with their filing submission? Does this matter?
When service is contemporaneous with filing, it means the other side is receiving a document that has not yet been accepted by the court. If acceptance is forthcoming, no harm no foul. If the document is rejected, the process must start over and a request for relation-back may be necessary.
A Better Approach
eService offers distinct advantages over service by email. Rather than sending large email attachments, lawyers who want to share information about a filing can forward the service receipt/confirmation of filing acceptance or copy the document hyperlink into a new message. This saves server space, provides proof of eFiling and eService, reduces the amount of material that must be saved to the client file and assures that parties are communicating only about accepted court filings. Document hyperlinks are active for 45 days and available 24/7 online. When retrieved, the link returns the official date-stamped document in the court register. These are just some of the features that make switching to eService worthwhile.
All Rights Reserved – 2018 – Beverly Michaelis
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