Electronic service of process system and method for carrying out service of court papers

• US 7,664,655 B2
• Filed: 01/08/2007
• Issued: 02/16/2010
• Est. Priority Date: 10/31/2000
• Status: Expired due to Term

• Current Assignee: Dennis Caplan, Lydia Caplan
• Original Assignee: Allen Rosenthal, Dorothy Caplan
• Inventors: Rosenthal, Allen, Caplan, Dorothy
• Primary Examiner(s): Borissov; Igor N
• Application Number:
  US11/651,202
• Publication Number:
  US 20070112584A1
• Time in Patent Office: 1,135 Days
• Field of Search: 705/1, 705/7, 705/8, 705/9, 705/11, 705/39, 705/40, 705/26, 705/27, 705/500, 707/104.1, 707/10, 709/217, 709/218, 709/219
• US Class Current: 705/1.1
• CPC Class Codes: G06Q 10/101 Collaborative creation, e.g. joint development of products or services
• CPC Class Codes: G06Q 99/00 Subject matter not provided for in other groups of this subclass

Abstract

A system and method for online creation and integration of service of process functions is provided, for use in conjunction with paper or electronic filing of court papers. By logging on to a web page, the user can access a rules and decision matrix database providing the rules and requirements for process service by jurisdiction and type. Such rules can be incorporated into process requests using online tools and document management software. Once entered, the requests are compiled in a database, and a system controller coordinates with affiliated process servers to procure process service in the desired jurisdiction.

Claims

1. A system for carrying out service of court documents, comprising:

a network for receiving user data and one or more court documents to be filed electronically or paper filed, the network being accessible through one or more terminals accepting entry of the user data for a process request;

a database containing rules information that enable service of the court documents;

a system controller operably connected to the network, the system controller configured to receive the user data and the court documents over the network, access the database to obtain the rules information, select a process server for carrying out service of the court based on the user data included in the process request and the rules information, and notify the selected process server automatically, so as to enable the process server to carry out service of the court documents.

2. The system of claim 1, wherein the user data includes at least a service jurisdiction and an entity being served.

3. The system of claim 1, wherein the one or more court documents are accessed via a papers database over the network.

4. The system of claim 1, wherein the one or more court documents are obtained from a third party system.

5. The system of claim 4, wherein the third party system is an electronic filing system.

6. The system of claim 1, wherein the service of the court documents is carried out by the selected process server.

7. The system of claim 6, wherein the selected process server transmits information to the system controller relating status or completion of the service of the court documents.

8. The system of claim 1, wherein the service of the court documents is carried out electronically.

9. The system of claim 1, wherein the selected process server is an email service provider.

10. The system of claim 1, wherein the service of the court documents is carried out in a manner specified in the user data.

11. The system of claim 1, wherein the system controller is configured to forward status notifications to one or more users.

12. A method for carrying out service of court documents, comprising the steps of:

preparing a process request based on one or more court documents to be filed electronically or paper filed;

providing a network for receiving user data for the process request, the network being accessible through one or more terminals;

accepting entry of the user data through the network;

accessing the one or more court documents through the network;

receiving the user data and the court documents in a system controller, the system controller being operably connected to the network;

accessing a database to obtain rules information that enable service of the court documents;

selecting by the system controller a process server for carrying out service of the court documents based on the user data in the process request and the rules information;

notifying the selected process server of the selection automatically by the system controller; and

in response to the notifying step, carrying out service of the court documents by the notified process server.

13. The method of claim 12, further comprising the steps of:

providing a papers database for storing the one or more court documents to be served; and

accessing the court documents via the papers database over the network.

14. The method of claim 12, wherein the one or more court documents are obtained from an electronic filing system.

15. The method of claim 12, further comprising the steps of:

generating a return of service document upon completion of the service of the court documents; and

forwarding the return of service document to one or more users.

16. The method of claim 12, wherein the service of the court documents is carried out electronically.

17. The method of claim 12, wherein the selected process server is an email service provider.

18. The method of claim 12, wherein the service of the court documents is carried out in a manner specified in the user data.