Lawyer Monthly - July 2023 Edition

FEATURE OF THE MONTH 19 a lot in divorce cases) – I almost always send a pair of people. When it comes to someone newly getting into the business, it is very important to prioritise safety and make sure that the process servers are familiar with the rules so that they do not make the litigation process more difficult for the attorney or their staff. Have you seen any significant changes in the process serving field during your time in practice? Like most professions, process serving has had to evolve along with modern technology. Technology such as GPS mapping and the internet have made being a process server much easier in recent years. The Courts are starting to recognise that most people are easiest, and reliably, found on the internet. As a result, Courts in Nevada have recognised the importance of social media and have begun allowing defendants who are adept at dodging service to be served via Facebook Messenger and Instagram. We have even had orders allowing service through email. Every situation is different, but the manner in which someone can be served is something that is starting to change in our industry. We are seeing that more frequently in family law cases, where it is undisputed that a social media page belongs to a defendant. Still, we are only able to serve those documents by the order of a judge. The Nevada Rules of Civil Procedure have evolved as well over the years. In 2019, the Rule concerning the amount of due diligence that we need to serve someone through publication was changed. Service through publication means that, if we have done everything we can to find a person, the documents of a legal matter can be run through a publication for a period of two weeks, satisfying the process. Most states allow this. What we are starting to see in Nevada and other states is that we are now needing to complete these formerly alternative methods of service as part of our regular due diligence, which is certainly something new.

RkJQdWJsaXNoZXIy Mjk3Mzkz