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Senate Judiciary Committee advances bill allowing electronic service of process amid questions about proof of receipt
Summary
The Senate Standing Committee on Judiciary voted to report Senate Print 8,175 to the floor, a bill that would allow certain methods of electronic service of process. A senator voiced concerns that deeming service upon transmittal creates no requirement that the recipient actually receive the notice.
State Senator Brad Wenland Siegel, chair of the Senate Standing Committee on Judiciary, moved to report Senate Print 8,175 to the floor after a brief debate on May 28.
The bill, sponsored in the transcript as being presented by Senator Sepulveda, would amend procedures to allow certain electronic methods for service of process. A senator who was not named in the transcript raised concerns that deeming service to occur upon transmittal could leave recipients without proof that they actually received notice.
"I have some concerns about the requirement that states that if you're serving by electronic means that it's deemed service of process upon transmittal. We don't know if the person received it on the other end. We don't have a requirement of a receipt or any evidence that we even have the appropriate email to serve notice on the recipient," the senator said during the committee discussion. The senator urged an amendment that would require a receipt or other confirmation of delivery.
Committee members acknowledged the tension between modernizing service to reduce paper and delay and the risk of ineffective notice. "I understand in today's digital age that we are trying to move the ball so that we're not wasting paper and time. But I do have concerns ... that we might not have intended consequences," the unnamed senator added.
After discussion, the committee proceeded by voice vote. The transcript records that Senator O'Mara and Senator Fitzpatrick (listed variously in the transcript) were recorded as "without recommendation." The bill was reported to the floor.
The bill's change would affect civil procedure for how notices and process may be served; the committee discussion focused on whether electronic transmittal alone should be treated as sufficient proof of service without additional verification.
No amendments were recorded in the committee transcript and no statutory citations were offered during the discussion. The committee did not record a roll-call tally in the transcript excerpts; outcomes were recorded as voice votes and the clerk recorded individual senators as "without recommendation" where noted.
The committee adjourned after completing its agenda; the bill will next be considered by the full Senate according to the legislative calendar.
