Service of Process Accountability, Reform and Equity (SPARE) Act.
Impact
The legislation will affect how service of process is conducted in civil cases, establishing stricter criteria for what constitutes 'reasonable diligence' when attempting to serve documents. It mandates that process servers attempt to deliver summonses on at least three occasions at different times, reinforcing the need for proper notification. Additionally, the bill specifies the inclusion of photographic evidence and GPS data in proof of service documentation which further increases accountability, aiming to reduce cases of fraudulent service that may compromise individuals' access to justice.
Summary
Assembly Bill 747, known as the Service of Process Accountability, Reform and Equity (SPARE) Act, aims to enhance the transparency and accountability in the service of legal processes within California. It modifies existing laws related to the registration and operation of process servers, requiring county clerks to maintain a publicly available register of these individuals. This initiative emphasizes the importance of proper notification in legal proceedings, asserting that insufficient service can undermine defendants' rights, affecting their ability to respond to legal actions against them.
Sentiment
The reception of AB 747 has been largely positive among advocacy groups and legal professionals who see it as a necessary step toward ensuring fairness in the judicial process. They argue that this legislation addresses significant issues with improper service and enhances the integrity of the justice system. Conversely, concerns have been raised by some stakeholders about the potential increased burden this may place on process servers and local government resources, as they would now require additional oversight and documentation.
Contention
Notable points of contention surrounding the bill involve its implications for current practices among process servers and their operational burden. Issues were raised regarding the feasibility of extensively tracking service attempts and the logistics of providing photographic evidence. Critics have expressed worries that the heightened requirements could inadvertently lead to delays and complications in legal proceedings, particularly in urgent matters like unlawful detainers, where timely service is crucial.