As the chairman of the Standards and Best Practices Committee I wanted to introduce the two policies that the membership adopted at conference. The association adopted a "Best Practices for Service of Process" and "Standards for Process Server Courses of Study". These are summarized and the full text follows at the end of this report.
Best Practices for Service of Process
The Best Practices is a policy guideline that is intended to provide an official position for the association, especially as it relates to emerging technologies. The most immediate technology today is electronic service of process that is being written into the enabling rules and statutes that relate to e-filing.
Last year the American Bar Association published a Best Practices for Electronic Service of Process that encourages the use of electronic service when a document is filed electronically. This high profile policy could influence on legislation and policy at the state and federal levels.
Already, two states have begun to promulgate laws relating to service of original process (a summons and complaint) via e-mail.
The NAPPS "Best Practices for Service of Process" does not oppose e-service, but provides a policy emphasizing in-hand service of process over alternative means. Sequentially, the Best Practices endorses 1) personal service, 2) substituted service or service through an agent, c) alternative methods of service authorized by rule or court order, and d) alternative methods of service authorized by order of a judge in a particular case.
The intent of NAPPS's "Best Practices for Service of Process" is to establish a policy direction for the association and an advocacy program. We intend to provide information to the legal community and submit comment to proposed and pending legislation that affect service of process laws, especially those instituting e-service.
Standards for Process Server Courses of Study
Standard adopted by NAPPS have set forth some essential topics that should be included in a basic and advanced process serving courses. They are intended as a guideline to state associations and private process serving schools to develop programs that could ultimately receive a NAPPS Certification.
Standards for Forwarding Work
Standards for Forwarding Work will be proposed to the membership at the 2006 Conference in New Orleans. The focus of these standards primarily relates to forwarding and exchange work between members. The proposal seeks to provide minimum guidelines for members so that as members we can both meet and fulfill service assignment expectations. The definitions set forth are not intended to establish an edict about how members should run their businesses; it is intended to provide understanding between members.
For instance, one person may define a "Rush Assignment" as one that is absolutely done the same day; another may distinguish as "Do Today Assignment" from a "Rush Assignment", thus giving it a lower priority. The Standards propose stated definitions that unless otherwise stated or agreed upon, will serve as an agreed upon definition.
It also defines responsibilities of the sending member, responsibilities of the receiving member, fax and e-mail communications, affidavits and proofs of service, special declarations, payment policies, and prohibited acts.
A working Draft of this Standard has been prepared and is being circulated for comment. You may obtain a copy electronically by e-mailing your request to me at the address below. Your comments will be combined and summarized as a continuing, working document.
This Committee encourages input from the members, and would welcome anyone as a member of this Committee.
