Thursday, December 18, 2008

The kind of Facebook "friend request" you don't want to receive - service of process.

Australia In a story that many legal blogs have reported, an Australian judge, possibly for the first time anywhere, approved the serving of a default judgment to a non-appearing defendant via Facebook.   As reported by Yahoo Tech and the Associated Press

"The Australian Capital Territory Supreme Court last Friday approved lawyer Mark McCormack's application to use Facebook to serve the legally binding documents after several failed attempts to contact the couple at the house and by e-mail."

"Australian courts have given permission in the past for people to be served via e-mail and text messages when it was not possible to serve them in person" but this is first time, perhaps anywhere, that service has been effected through the social networking site Facebook.  The company itself praised the court's ruling stating:  "We're pleased to see the Australian court validate Facebook as a reliable, secure and private medium for communication. The ruling is also an interesting indication of the increasing role that Facebook is playing in people's lives. . . ."

Hat tip:  The ABA Journal and Above the Law blogs.

I am the scholarship dude.

(jbl).

http://lawprofessors.typepad.com/legalwriting/2008/12/the-kind-of-fac.html

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