The Essential Guide to Legal Document Delivery
The term "legal document delivery" generally refers to the process of ensuring that documents relevant to a case, divorce proceeding, will, trust or other matter is delivered to the attorney or other recipient in a timely manner to ensure that important deadlines or service requirements are met — and that the case moves along toward resolution.
So the next logical question is this: What exactly do I mean by a legal document?
Although legal documents can cover everything from house sales to tax returns, in the legal world they generally refer to the filing of documents with state courts as well as the processes by which legal papers and proceedings are served, delivered or filed. This includes proceedings, both civil and criminal, as well as civil actions, petitions, inquiries, complaints, and wills, trusts and estates.
Understanding legal document delivery is also important because of the many exceptions and particular rules that apply to service by and upon government entities , both at the local and federal government levels. In addition, you will need to familiarize yourself with court-specific rules in each jurisdiction, as rules differ by district, circuit and jurisdiction. State rules, of course, also vary.
In federal court, document delivery is also referred to as "service of process" and in most cases, service by mail will not be sufficient.
It is also essential to understand how specific authorities define various types of legal documents for the purpose of document delivery. A good example of this is a "utah process server" – here referring to a person authorized to deliver a subpoena, summons, complaint or other legal process in the state of Utah.
Commonly referenced document delivery processes refer to taking a person’s deposition or examination under oath, as well as producing records, giving testimony, delivering summons, taking witness testimony, giving recorded statements, and numerous other legally required opportunities to be heard.
Different Kinds of Legal Documents for Delivery
A variety of legal documents are frequently in need of delivery. If a document is served, received, or presented anywhere, it’s probably delivered legally, properly, and on-time. Failing to deliver can have serious, negative repercussions that affect your case.
Some of the types of legal documents that often require delivery are:
Summonses: When the Court serves process to a Defendant (the object of an action), they do so by giving the action’s complaint, a summons, and any other pertinent documents. Process may also serve further pleadings or pleadings in response.
Complaints: The pleading made by a party to begin an action. The Summons and Complaint are typically served together, and a defendant must answer within the provided time-limit.
Subpoenas: Orders issued by a court or another attorney, requiring an individual or business to appear and testify or produce records. Subpoena will identify the witness, date and time of appearance, and where they’ll be expected.
Warrants: Court orders that grant a legal authority permission to take an action.
Notices: Used to inform a party when something has been filed or delivered, or for other reasons. Often used when statistics are required to ensure proper adherence and delivery.
Affidavits: Written declarations made under oath, usually signed by a Notary Public.
Contracts: A legal agreement between at least two parties.
Licenses: Documents that authorize the holder to conduct a certain activity.
Releases: Granting the relinquishment of one or more rights.
Judgments: A decree of a Court following an action.
How to Deliver Legal Documents
There are three main methods for delivering legal documents: the old-fashioned postal service, a professional process server, or electronically. We will briefly summarize each method below:
Registered/Certified/Express Mail through the U.S. Postal Service:
Although many lawyers simply mail the legal documents and rely on the U.S. Postal Service saying that it was delivered, that is not a reliable form of service and, if you ever need to make that argument in court, you have no proof that your documents were actually received. However, U.S. Postal Service Registered or Certified Mail requires a signature and they keep a record of the process. The express mail delivery by the U.S. Postal Service is a reliable way to deliver important documents.
Professional Process Server (or Sheriff):
In California and other states that rely on Sheriffs for process serving, certified and even registered mail methods are not permissible as there are no other forms of process service allowed. However, in many states, like California, the sheriff is not very reliable in effecting service. The sheriff may take weeks, if not months, to serve process on a busy day. An experienced and skilled process server will almost always be able to effect service within one week, and often much quicker. Clever process servers are skilled in finding people. This can save money in having an attorney do the job. If the process server is savvy enough, they can locate the party being served and deliver the documents quickly. There may be several methods to deliver the papers, including electronic delivery, so be aware of the pros and cons of all of those methods.
Electronic Service:
There are many electronic service methods available now. Some of the popular types include private lawyer’s websites where you can upload your documents and begin serving process. There are membership sites for attorneys and paralegals. There are sites that offer payment plans and do not require you to set up a separate account. Some of those accounts can also be frozen at times, making them unavailable for several hours or even a few days.
It is essential to investigate the offering of the company where you are purchasing your electronic service to see if there are any complaints about their service. Sometimes there are hidden fees available only to certain level users of their services, and this can create an obstacle for doing business with that process server. Customer service can also be an issue, particularly if the server has not provided the information you needed or has made a mistake. It may be best just to hire an honest process server instead of trying to save money and do it yourself.
Legal Document Delivery Protocols
In the legal arena, document delivery must follow precise legal requirements to be considered valid. These regulations can vary based on jurisdiction, but there are universal requirements for proof of delivery, adherence to deadlines, and compliance with jurisdiction-specific rules.
The Regulations place the onus on parties to be aware of the legal nuances in their jurisdiction, or the jurisdiction of a trial, regarding any statutes of limitation, discovery cut-off dates, and other important deadlines. If a service provider is used, it is traditionally the responsibility of the entity or person who contracted the service provider to ensure that the service provider complied with all legal requirements. Parties must be aware of case-specific nuances which may require a reservice in specific jurisdictions or within specific courts. For example, some courts may require a reservice of all pleadings at stipulated intervals and sometimes a reservice of reports, pleadings, and/or notices at preannounced intervals or in cascading sequence. A case-specific example is May v.. United States, 927 F.2d 917 (7th Cir. 1991).
Proof of delivery is not a mere technicality. When process servers deliver documents, they must be able to confirm that delivery was valid and in accordance with the legal requirements. In contrast, many years ago (before documents could be processed electronically) a server could say he or she delivered it when he or she could not. In this current electronic age, courts almost always require notarized proof of service. Parties must incorporate into their costs the expense of any time, effort, or service of process that serves as a substitute because documents were not delivered in accordance with the legal requirements.
In the Federal Court system, Federal Rules of Civil Procedure 4 requires service of process on all defendants, unless service has been waived by a defendant filing an entry of appearance. The method of delivery may include hand delivery, leaving copies at the defendant’s dwelling or usual place of abode with a person of suitable age and discretion residing therein, delivery to an agent authorized by appointment or by law to receive service of process, personal delivery, certified mail, return receipt requested, by publication (where allowed and within strict limits), and by sending a copy by registered or certified mail to be addressed to the office of the secretary of state if the defendant is a motor carrier, water carrier, or rail carrier.
In California state courts, for example, Summons and Complaints must be served within sixty days. In Illinois state courts, Summons and Complaints must be served within thirty days unless the summons are issued under Section 2-210. Section 2-210 is a statute which allows summons to be returned on a Saturday, Sunday, or a legal holiday. In Massachusetts state courts, complaints and summons must be served within ninety days.
How to Choose a Legal Document Delivery Process
When it comes to ensuring the proper delivery of legal documents, choosing the right service provider is of utmost importance. Legal document delivery services, which can include not only personal delivery, but also mail and express messenger delivery, come in all shapes and sizes. Your job is to find the service that fits your needs – the service that offers you the right combination of reliability, speed, and compliance with legal standards.
Lack of compliance with local rules governing service of papers can quickly make all the hard work you put into a complex matter go up in smoke. Even the best law firm cannot resurrect a default incurred because proper service using a "bad" process server cannot be undone.
Reliability – When selecting a service provider, a good place to start is by asking colleagues for recommendations. Speak to your accounting department to determine who they use. Do an internet search and check references.
Speed – Having legal documents hand-delivered often means a recipient must sign off on receipt. That offers some peace of mind, but can take time. For more immediate gratification, consider having documents delivered via e-mail or a secure web-based document delivery site.
Compliance – Adverse parties are often savvy enough to realize whether or not you employed a compliant process server and will use that knowledge to their advantage. This means that hiring substituting "legal" for "reliable" can be a dead end. Unfortunately , many parties do not know that all process servers are not created equal. This can result in the dismissal of service itself, no matter how important to the matter at hand.
In California, for example, there are specific persons authorized by law to act as a process server. Familiarize yourself with these persons or companies if you want to avoid being the victim of an MTB (minor technical blunder).
There are several ways to evaluate the quality of service offered by potential providers:
Word of mouth is useful in determining quality too. Ask other legal professionals you trust who they use. Do an internet search and check with professional organizations that rate providers.
It is always important to ask for a copy of a provider’s insurance, including liability and workers’ compensation. A certificate of insurance should name your firm as an additional name.
Do not overlook security. In this day and age of electronic everything, identity theft, and hackers, paper copies "mailed to an office" can lead to all kinds of potential problems. Especially concerning very private matters such as divorce or personal injury.
When it comes to choosing a legal document delivery service, remember: Recheck your own company for compliance with state and federal laws in addition to your provider’s compliance. Ultimately, no matter how great a service seems on paper, if it fails to comply with the law – at your choice – your clients can be left powerless.
Problems with Legal Document Delivery
Legal document delivery is essential for law firms and other legal professionals. The high-stakes nature of legal matters demands that every step of the process be handled efficiently and within the prescribed guidelines. The process of having legal documents delivered isn’t always a straightforward task. In fact, some attorneys and legal support teams have encountered struggles in every aspect of this vital service.
For example, when new clients haven’t provided a current address—either because they’re difficult to track down or better clients’ mail already has been addressed to the wrong location—legal documents may be delayed for a long period. Legal document delivery companies may be forced to turn to private investigators or other local records to attempt to get the correct address from these clients—a tedious move that requires complex, costly research and qualifications.
Another common problem is that clients don’t accept the documents because their addresses are obscure. Legal delivery service representatives can’t predict the location of a client’s business or residence, which may delay the project by weeks or even months.
Many clients aren’t available at all when attempts to deliver the documents are made. If there isn’t a representative on hand who can sign for the papers, this obstacle just prolongs the process and adds unnecessary expense to the equation. These problems can become even more obvious if the legal documents are being delivered to another person, such as a judge.
The final challenge that can complicate the legal document delivery process is timing. Legal issues might move quickly, so giving the respondent or witness a short window to accept the documents—and then failing to meet those parameters—can set the case way back. These issues can also complicate matters considerably when a judge is involved.
Any of these issues—or a host of others—can make legal document delivery a bear. Because legal matters are so urgent, these conditions are especially frustrating.
The Future of Legal Document Delivery
The emergence of innovative technologies across numerous industries shows that there is no substitute for the advantages they present. For legal document delivery, digital solutions and automation deliver far greater efficiency than traditional means. The rapid pace at which technology is progressing suggests that this trend will continue, and that is good news for the legal community.
A factor driving this change is, of course, the need for more effective remote collaboration methods, which have become imperative in the wake of the COVID-19 pandemic. The pandemic has prompted firms to set up virtual environments for their employees to interact and develop case strategies. In selecting the tools used by such solutions, however, it is important to keep in mind that they must be secure and adhere to industry compliance regulations.
From a logistic standpoint, a majority of delivery orders are now processed online, offering significant benefits to law firms, including:
More specifically, most documents are delivered either on paper or digitally, with nearly all paper typically sent FedEx, Europe Box, Schneller & Knoll Express, OnTrac, or specialist couriers, and most digital content transmitted via DropBox, Google Drive, or otherwise electronically.
This digitization and automation trend also applies to more complex legal subject matters. Law firms are tasked with processing a substantial amount of confidential data on a periodic basis, and some cases require a considerable amount of time to prepare documents for multiple submissions. With automation, the heavy lifting needed for high-volume projects can be done at a fraction of the time and cost of manually doing the work. You are saving time for your team members to accomplish other work.
Traditional document delivery systems create several bottlenecks for financial institutions and other large companies as well. When a signer, such as a loan applicant, submits their documents, the submission often takes the form of a physical document drop, and then the documents are either snapped with a mobile application or scanned in and sent via email, often repackaging them in a separate PDF document . With closed/documents, the originals are sent to an off-site storage facility to be scanned, and this step can take weeks to complete. Shift to a digital document platform, and those documents can be scanned and delivered in a way that is seamless and cost-effective.
The risk of human error is also reduced with digitization and automation. Certain scheduled programs and processes, such as generating compliant loan documents, including the eSigning phase, are examples of where a missed deadline could have disastrous consequences.
Admittedly, companies often fear the costs associated with automating certain systems. The truth is that the increase in efficiency is worth the cost. Not only are choices that utilize innovative technology even within the legal document delivery industry typically more dependable, but they are also more valuable.
Digital document solutions should be opened to all kinds of documents, while automation should be applied to any process with any repeated action. The opportunities for automation are therefore nearly limitless.
A big part of the future of legal document delivery will likely involve the use of Artificial Intelligence (AI). For instance, with machine-learning, a task that a user may be attempting to accomplish can, with appropriate permissions, be delegated to a bot so that there is no loss in productivity or late deadlines.
Similarly, AI-based decision-making can be used to pre-fill forms and documents, check them for errors, or even add electronic signatures. These features, when combined with easy-to-use mobile applications that automatically upload files, are sure to result in improved productivity for the legal community.
By discovering these technological solutions and cross-industry advancements, it will be unnecessary to compete based on past processes and traditional systems. Not only will you be able to pursue greater efficiency with your case document handling, but you can spend more time to develop creative legal strategies when you automate the legwork surrounding mundane tasks.