Ride the Lightning

Cybersecurity and Future of Law Practice Blog
by Sharon D. Nelson Esq., President of Sensei Enterprises, Inc.

Texas Proposes Bill to Allow Service of Process Via Social Media

March 27, 2013

Texas House Bill 1989, introduced on February 27, 2013, would allow service of process via social media. If enacted, Texas would only be the second state (Utah was the first) to permit this approach.

The law would allow for electronic service if certain criteria are met:

  • the defendant maintains a social media page;
  • the profile on the social media page is the profile of the defendant;
  • the defendant regularly accesses the social media page account; and
  • the defendant could reasonably be expected to receive actual notice if the electronic communication were sent to the defendant’s account

As commentators have noted, social media platforms have become so prevalent that they can and should be leveraged to provide legal notice to parties that are either evading service of process or just can’t be served physically by any other approved method.

Utah is the only other state that allows domestic summons or subpoenas by social media. On a case-by-case basis, the courts can allow summons to be served by Facebook, Twitter or even text message.

Australia, Canada, New Zealand and the United Kingdom currently allow alternative electronic service under given circumstances. Several federal courts have allowed service via e-mail, but only one has thus far authorized service via Facebook.

I expect the road to this kind of service to be littered with potholes the size of asteroid craters, but it will be fun to sit on the sidelines and watch the action.

Hat tip to Trent Carlyle.

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