Monday, April 6, 2015

New York leads again ... how far will it go?

AP News reports "Court: NYC lady can serve divorce papers via Facebook (http://bit.ly/1DaZzYf)


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at FreeDigitalPhotos.net
NEW YORK (AP) — A judge has provided a New York City lady permission to file for divorce from her elusive husband by way of a Facebook message. The woman's lawyer says the ruling was produced by Manhattan Supreme Court Justice Matthew Cooper.
The Daily News (http://nydn.us/1NNmPgs ) says Victor Sena Blood-Dzraku will be served with the divorce summons by way of a private Facebook message. It will be repeated once a week for 3 consecutive weeks or till "acknowledged" by Ellanora Baidoo's tough-to-find husband."
While it is not uncommon for a party to dodge service, I do not know how many times the court has allowed Facebook to be the vehicle to complete service and place a party on notice of a legal claim. Many courts' rules allow for the notice of a court case to be served through publication in a legal newspaper or a newspaper of general circulation as a alternative to normal service. The next question becomes, I think, can social media become the place of alternative service? New York or California are usually jurisdictions that lead new trends in the law. This will be a trend to watch.
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2 comments:

  1. This is a fascinating development. It's amazing how technology influences so many sectors of the world - now we can use the Internet to serve divorce papers.

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    1. I agree it is fascinating. I see the positives in this ruling and everything is subject to abuse. I see a downside for Facebook. If this was to become a regular occurrence, I could see some users moving away from the platform. It will be interesting to see if and how this develops. Thank you for your comment.

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