Serving Legal Papers: Can Lawyers Use Email?

Serving court papers is an important and required part of the legal process. If not done correctly, your case cannot move forward. While the rules vary depending on the location and type of case, generally, a third person (not you) must deliver the paperwork to the other side. This is called service of process and can be done by hand or by mail. In some states, service by certified mail is one of several ways to serve papers, while other states require you to try this method first. In California, you can serve papers by electronic mail, fax, overnight delivery, or messenger delivery. However, certain documents, such as the original complaint and summons, must be served in person.

Can a lawyer serve legal paperwork via email?

Serving court papers is a required part of the legal process

The law says that when you sue someone, whether it's a person, partnership, business, or the government, you must formally let them know that you've started the legal process. If you are already in a case and you file new papers with the court, you must also let the other side know about those papers. The legal way to do this is through "service," where a third person (not you) delivers the paperwork to the other side. This person is the "server" or "process server". The judge can't make any final decisions in your case until the other side has been properly served. It's very important that you, as the person bringing or responding to the case, do not serve the papers yourself.

In most states, you can serve papers by sending them to the defendant via certified mail with a return receipt requested. In some states, service by certified (or registered) mail is one of several ways you can serve papers. Other states require you to try service by certified mail first before any other method of service. Usually, the court clerk does the mailing for you and charges a small fee that is recoverable if you win. Hand-delivery by a legal officer or certified mail remains the most reliable and widely accepted method.

If you are suing more than one person, serve each person. If you are suing a business and its partners, serve each partner. If you are suing a limited partnership, serve the general partner, general manager, or agent for service. Serve an officer of the corporation or the agent for service. If you know nothing more than the individual defendant's post office box, you'll need to get a street address to serve the person. To do this, you must give the post office a written statement saying that you need the address solely to serve legal papers in a pending lawsuit.

The plaintiff must deliver a copy of the claim to each defendant sued

There are several ways to serve papers on individual defendants. Personal service means that someone physically hands the defendant the relevant papers. This can be done by someone who doesn't personally know the defendant, but the server must be careful to serve the correct person. If the plaintiff knows nothing more than the defendant's post office box, they will need to obtain a street address to serve the individual. This can be done by providing the post office with a written statement explaining that the address is required to serve legal papers in a pending lawsuit.

Another method of service is by mail. In some states, service by certified or registered mail is one of several options, while in other states, it is the first required method of service before attempting other methods. The court clerk usually does the mailing for a small fee that can be recovered if the plaintiff wins the case. When serving by mail, the plaintiff must include a return receipt requested to prove that the defendant received the papers.

While less common, some courts may allow service via social media or messaging apps that provide read receipts. However, these methods require court approval and strong proof that the recipient received the notice. When using email for legal correspondence, messages should be encrypted, and delivery tracking or read receipts should be used to strengthen proof of receipt. Hand-delivery by a legal officer or certified mail remains the most reliable and widely accepted method of serving legal papers.

The process server must not be a party to the case

In the United States, individuals and entities involved in legal action are entitled to "due process", which involves letting them know about an upcoming court hearing. This is typically done by a process server, who delivers papers to an individual, business, or entity's representative or lawyer.

In some states, a process server may trespass to gain access to the defendant or their property. However, they cannot break into a home or business to serve papers, and they are not allowed to compel a defendant to answer the door. Process servers must also adhere to legal and ethical standards—they cannot harass or threaten the recipient to get them to accept the documents.

In most states, papers can be served by sending them to the defendant via certified mail with a return receipt requested. In some states, service by certified or registered mail is one of several ways to serve papers, while in others, it is required to try this method first. The court clerk usually does the mailing for a small fee that can be recovered if the sender wins the case.

The recipient must be able to read the email

When serving legal papers via email, it is important to ensure that the recipient can read the email. This means that the email should be properly addressed to the recipient and sent to an active email address. If the recipient's email address is unknown, it may be possible to obtain it through a written request to the post office or by referring to the relevant state or country-specific guidelines.

To ensure the recipient can access the information, the email should be formatted in a way that is compatible with standard email clients and devices. This includes using a standard font, avoiding large attachments, and ensuring the email is not flagged as spam.

Additionally, the content of the email should be clear and concise, with any necessary supporting documents attached in a commonly used format, such as PDF. It is also important to consider the use of encryption to protect sensitive information.

While serving legal papers via email can be convenient, it is crucial to remember that not all courts may accept this method of service. Therefore, it is essential to confirm with the relevant court or seek legal advice to ensure compliance with the specific requirements of the legal process.

To prove that the email was received, it is recommended to use delivery tracking, read receipts, or request a response from the recipient. This strengthens the proof that the recipient was properly served and helps to avoid any potential issues or disputes regarding the service of the legal papers.

The court must deem the email service valid

The use of email for legal correspondence has become more common since the Covid pandemic, when parties and solicitors were forced to work remotely. While the use of email for legal notices is valid, the court must deem the email service valid for it to be considered acceptable.

In the case of UKI (Kingsway) Limited v Westminster City Council (Case Number: (2018) UKSC 67), a local authority issued a property company with a completion notice. The notice was addressed to the building and delivered by hand to a receptionist who worked for agents managing the building under contract with the company. The agents were not authorised to accept the notice on the company's behalf, but the receptionist scanned and emailed it to the company. The company challenged the notice, and the Valuation Tribunal upheld its plea that it had not been validly served. This ruling was later reversed by the Upper Tribunal, but reinstated by the Court of Appeal. The Supreme Court, however, found that valid service by email had been achieved. The Court observed that, in emailing the notice to the company, the receptionist had behaved in a manner that could reasonably have been expected.

In another case, Entertainment One UK Ltd & Anor v Sconnect Co Ltd & Ors [2022] EWHC 3295 (Ch), the judge held that service of the claim form was valid even though the defendants' solicitors had provided more than one email address. The Civil Procedure Rule Committee introduced an amendment to PD 6A.4.1 to clarify the position and avoid the effect of the Tax Returned decision, allowing multiple email addresses to be provided.

To ensure that an email service is deemed valid by the court, there are several steps that can be taken. Firstly, all messages sent and received should be encrypted. Secondly, use delivery tracking, read receipts, or require a response from the recipient to strengthen proof of receipt. By following these steps and referring to relevant case law, one can increase the likelihood of a court deeming an email service valid.

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