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Posted June 12, 2012 in Legislative
The two bills pending in the New York State legislature elevate the penalty for assaulting a process server to a class D felony punishable by 2-7 years in state prison. Right now a simple assault is a class A misdemeanor(no difference than a simple assault on a citizen). The new law would only affect process servers during the course of their duty. To infer that people would make that up is somewhat farfetched as an element of evidence would be required to establish prima facie proof to fall into the potential category. Failure to do so, or falese representation could be a crime itself. Licensing has no bearing on this issue, as the right to serve is established in our New York rules. These bills, if passed and signed would effect every process server in New York State. Only the City of New York has a license requirement(currently appprox 800 licensed servers). These laws have been expanded over the years to add categories. Process serving protection is necessary.
Very truly yours,
President, New York State Professional Process Servers Association
President, National Association of Professional Process Servers
Posted June 12, 2012 in Legislative
Below are my thoughts from a New Jersey perspective:
A process server, whether licensed, registered, or certified by a court or other governmental body, or merely a person 18 years of age or older not party to an action, who is authorized by court rule or statute to serve civil process, performs an very essential function in the litigation process. The process server initiates the chain of events required by federal and state constitutions affording litigants their rights to due process of law. The process server, through proper and effective service of process, provides notice to a party that an action has been instituted against he or she, giving that person the opportunity to respond, be heard, and present evidence in their favor. In the performance of their duties, process servers should not be treated with disrespect, nor be the victims of assault, or other heinous offenses.
In New Jersey, there is currently legislation pending (SB 1964) that would amend an existing statute (NJS 2C:12-1) to include process servers and private investigators among those classes of persons who provide services to the public, and should be protected by law against assault. This bill upgrades the offense of simple assault to aggravated assault when committed against any process server and any licensed private detective or investigator.
At present, simple assault is a disorderly persons offense punishable by a term of imprisonment of up to 6 months, a fine of up to $1,000, or both. Simple assault is upgraded to aggravated assault in some cases involving protected categories of individuals such as law enforcement officers, firemen, emergency first-aid workers, any employee of a school board, any employee of the Division of Youth and Family Services, any Justice or judge, any motorbus operation, any employee of the Department of Corrections any cable television employee, health care workers and professionals and direct care workers at certain institutions.
Under the provisions of this bill, the offense of simple assault would be upgraded to aggravated assault if it is committed against any person who is authorized, or is specially appointed for the purposes of providing personal service of all court initiated legal documents by the court, the plaintiff’s attorney or the attorney’s agent or any other competent adult not having a direct interest in the litigation while clearly identifiable as being engaged in the performance of his duties in regard to providing personal service or because of his status as a process server, court official, or private investigator.
In addition, this bill would upgrade simple assault to aggravated assault when it is committed against a licensed private detective or investigator. These crimes would be crimes of the third degree if bodily injury occurred or crimes of the fourth degree if no injury resulted. A crime of the third degree is punishable by a term of imprisonment between three and five years, a fine of up to $15,000 or both. A crime of the fourth degree is punishable by a term of imprisonment of up to 18 months.
The New Jersey Professional Process Servers Association (NJPPSA) strongly supports this legislation, as does the National Association of Professional Process Servers (NAPPS). All process servers, private investigators and detectives, and legal professionals are urged to contact Senator Dawn Marie Addiego, District 8 (Atlantic, Burlington and Camden), and other New Jersey legislators, to express support of this bill.
John Perez, Esquire
Interstate Deposition Subpoena Service, Inc.
56 Park Place
Newark, NJ 07102
Fax (800) 742-2997
Posted May 22, 2012 in Legislative
PSACO President and NAPPS Director, Steve Glenn asked to serve as Co-Chairman of the NAPPS Legislative Committee
NAPPS Legislative Committee
Posted March 3, 2012 in Legislative
On January 27, 2012 PSACO met with the Colorado Supreme Court Civil Rules Committee to discuss updating a the “Rules of Service”. Our request to revise Rule 4/304 (e) and (4) was accepted unanimously. A sub-committee to revise the wording of the current Rule was created. PSACO President Steve Glenn will sit on the sub-committee. A link to the Proposal submitted the the Rules Committee is below.
Colorado Supreme Court Rules Committee Proposal
Posted February 5, 2012 in Legislative
On January 27, 2012, the PSACO Legislative Committee met with the Colorado Supreme Court Civil Rules Committee. PSACO made a presentation outlining requested changes to C.R.C.P. Rule 4. A summary of the presentation is as follows:
- Personal Service at the usual place of abode
- Personal Service at the workplace
- Service upon a Corporation or other Entity
- Issues with service to Registered Agents
- Issues with Service at entities place of business
- Registration of Process Servers
- Certification – Education of Process Servers
Click the link below to view the proposal forwarded to the Civil Rules Committee Colorado Supreme Court Rules Committee Proposal
The presentation was well received and was followed by a lengthy question and answer session regarding the proposal. The Rules Committee made up of of Judges whom currently sit on the Colorado Supreme Court and Appellate, District and Municipal Judges, Attorneys and Law Professors agree the Rules should be updated. A subcommittee was created to work on the wording for changes to C.R.C.P. Rule(s) 4(e) and 4(4). PSACO President Steve Glenn, was selected to sit on the sub-committee to work on the wording for the rule changes.
Thank you to PSACO Legislative Committee members, Ron Jamison (Member), Cindy Johnson (Vice President), Emanual Najee-Ullah (Director). Also thanks to Debee Glenn and Lisa Gibson for their editing and suggestions to the committee. A total team effort.
Posted February 5, 2012 in Legislative
Here is a link to the C.R.C.P Rules Changes effective January 1, 2012
Find these changes and other important links to statues and websites, which affect Process Servers in Colorado by clicking the Resources tab on our website.
CRCP Rule Changes 2011 (Redline) Changes that affect Service of Process (Pt.1). Effective January 1, 2012
CRCP Rule Changes 2011 pt 2 (Redline) Changes that affect Service of Process (Pt.2). Effective January 1, 2012
Posted August 7, 2011 in Legislative
PSACO has proposed to the Civil Rules Committee, changing C.R.C.P. Rule 4 to address our Associations concern regarding the safety for the citizens of Colorado, the protection of defendants’ rights and to modernize the rules of service to reflect today’s changes in lifestyles and workplace.
Our position in regards to:
- Ensure efficient service of process
- Allow service to be effected on life partners and roommates, residing at the same address
- Allow service to be effected on individuals by serving a responsible person by title
- Allow service to be effected on LLC’s by serving the Manager on duty
- Enforce Corporations to allow service in the workplace, as currently, some businesses request we leave
- Enforce the Registered Agent Statue, by requiring a Registered Agent to be present or appoint a person to accept on their behalf
Our judicial system requires documents be served at the onset of a case. The mentality today, is to avoid service at all cost. Modernizing the civil rules of service to more accurately reflect the way people live and work today, would preserve the courts time and protect defendants rights.
Your comments and suggestions