In New York, a judge has allowed the service of process through email as long as there is proof of receipt of the email. Joseph C. Gioconda, Attorney, Counselor at Law and Founder of Gioconda Law Group PLLC, a Brand Protection Litigation, Investigations and Strategy law firm, reports that they have recently received a Court Order where they prevailed in a $100 million judgment against operators of 34 websites selling counterfeit goods, with default judgment entered after receiving permission from the judge to serve court papers by email to John Does as long as there was proof of receipt that is provided to the Court. Gioconda has instructed their process server,Serving by Irving, to send the Court’s Orders to the Defendants attached to RPost Registered Email® messages, so that they could provide irrefutable proof of legal delivery, content attached, and time received in a format that would be court admissible. A Texas Federal court judge provided similar permission in a separate Eastern District of Texas case. Serving by Irving now uses RPost Registered Email service Registered Receipt™ emails for proof of service for all service by email requests.
July 26, 2012