Thursday, March 19, 2009

Court Approves Serving Lawsuit Via Facebook

Better take a close look at all those "friend" requests you've been getting. One of them might be a process server.

This week, an Australian court approved a lawyer's request to serve two defendants with a lawsuit by sending them a message through Facebook. Mark McCormack said he had been trying for weeks to serve Gordon Poyser and Carmel Corbo with a foreclosure notice after they defaulted on a home loan. Courts have previously approved service by email and even text messages, if a plaintiff can show that regular measures have not succeeded. Having noticed that defendants had Facebook profiles, McCormack persuaded the court to authorize service that way.

The order attracted publicity immediately, however, and by the time McCormack's documents were ready to go, the Facebook profiles were no longer public.

An Associated Press reporter was able to find Poyser at home (and somehow get him to answer the door). He declined to comment, except to say that the couple was despondent about possibly losing their home, and to insist that he had restricted the Facebook pages only because he knew media attention was likely. Otherwise, he said, "I'd get every man and his dog having a look."

Facebook itself was quite pleased with the ruling. "We're pleased to see the Australian court validate Facebook as a reliable, secure and private medium for communication," the company said, obviously through a trained spokesbot. "The ruling is also an interesting indication of the increasing role that Facebook is playing in people's lives." Yes indeed -- once Facebook was merely helping people stay in touch with friends, but now it's helping evict people from their homes during the Christmas season.

Saturday, February 14, 2009

NALSNET.ning.com

Please click on the link below and visit the *NEW* NALS community. Theold NALS Community will dissolve this month, so don't wait until thelast minute.
http://nalsnet.ning.com

Don't know what NALS community is? It's a networking tool designed toenable NALS members to get in touch with other members all over the U.S.It's a wonderful way to find a roommate for a national meeting, or findout how to serve a non-party subpoena in a state other than your own, orfind an attorney in a specific area of law. Need a reference for aprocess server in another state? Tune to the NALS community and let yourfellow NALS members help you out!

Tuesday, January 27, 2009

E-FILING DO'S AND DON'T'S

1. DO NOT ATTACH PROPOSED ORDERS TO MOTIONS. Proposed orders should be filed under “Proposed Orders” and not e-mailed to the judge and not attached to the motion.

2. Attachments and/or exhibits should be scanned individually, identified, and then attached to the motion so the judge can locate and view as a single document. Do not include as additional pages to a motion.

3. Responses should be filed as a response, not a new motion. (except, if the original motion was paper filed.)

4. Cross-claims and Third Party Complaints are separate documents and should not be filed with the Answer.

5. Do not e-file summary judgment motions and paper file exhibits.

6. Discovery is filed under a separate button.

7. Do not e-file AND paper file a motion. One or the other.

8. Do your best to properly describe the motion. It really helps.

9. Don’t call the judge or the clerk to see if a motion has been ruled on.

10. You do not have to sign and scan a document. It can be downloaded directly from the computer. Do not scan motion cover sheet. It is automatically generated.

11. If you file for a default and you have a specific order you wish to have entered by the judge, you must file it as a proposed order. Otherwise, you will only get an order that says “default is granted”.

12. Explore your options when choosing the type of motion. “Other” is overused as a type (i.e. Motion to Alter, Amend or Vacate can be styled “Amend” or “Vacate or Modify”)

13. Do not file subpoenas as discovery. Anything filed under discovery is not seen by the clerk or
the judge.

14. Look under your “miscellaneous” tab. You can file all sorts of wonderful things here.

15. Any matter that requires a ruling by the Judge should be filed under motions. Filing it anywhere else will place it in the electronic file, but it WILL NOT go to the Judge.

16. Do not try to slip in a document that requires a fee without paying. The document will be flagged and it may be denied for such failure.

17. DO NOT e-file a document, then send the Judge or Clerk a “Complimentary” copy.

18. Always be as specific and descriptive as possible when labeling motions and proposed orders.
19. If you file a document requiring a fee, and do not receive a receipt indicating payment, contact the clerk’s office. DO NOT REFILE. In refilling you may be charged twice.

20. WHY IS THERE NEVER ENOUGH TIME TO DO IT RIGHT BUT ALWAYS ENOUGH TIME TO DO IT OVER?

Monday, January 26, 2009

Winter Board Meeting at Atmore

AALS Members,

I have just returned from the AALS Winter Board meeting which was held in Atmore, Alabama. If you did not make it - you really missed out on a great meeting, some of the best CLE we have ever had, awesome fellowship with statewide members, good food and fun! Briefly recapping the CLE - the amended and revised Rule 32 of the Alabama Rules of Judicial Administration which became effective January 1, 2009 (child support guidelines) was very enlightening, especially at a time when our economy is in such peril.. Alacourt Plus turned out to be a great feedback forum for many of the members that do e-filing and we are certain to hear more about this as more changes in e-filing take place in the months to come; Lethal Laptop was an "ah ha" moment and innovative presentation for a courtroom jury. On Saturday morning, Justice Lyn Stuart outlined the Alabama Supreme Court and procedures for filing appeals and how cases are assigned to the Justices; L.D. Holt shared the U.S. history regarding the native Americans and how gambling is allowed on Indian Reservations when it is not permitted in other jurisdictions in the State of Alabama; and, Grantt Culliver, the Warden at Holman Correctional Facility spoke about the Corrections Facilities in today times. There were plenty of door prizes and the chinese auctions items were the best! AALS also elected new officers that will be installed in late April at the Annual Meeting.

On Friday after the CLE ended - many of the members headed over to the Wind Creek Casino for the evening and others parted and went different ways! The group I was with had dinner a local catfish restaurant but dropped in at the casino afterwards - it was very impressive... although the grounds are still under construction, the Wind Creek Casino itself (I'm sure you have seen the TV commercials - you know "there is something in the wind...") is everything they describe it to be!

So... needless to say, you really missed out! But, you've got another opportunity coming up soon at the end of April...! You will be receiving more details soon about the 2009 Annual Meeting which will be held at Children's Harbor near Alexander City on Lake Martin! www.childrensharbor.com - a meeting you will not want to miss! Please check your emails for more info and the "all inclusive" weekend you can spend with us at Children's Harbor in late April!

M. Dawson

Monday, November 24, 2008

Paying It Forward

The concept of paying it forward is amazingly simple. All we need is inspiration and our ability to tap into the universal consciousness to pay forward a good deed.

The feeling of paying something forward is one of the best we can experience as a human being. It is empowering to see how we can make somebody else happy by giving them something unexpected.

Be inspired and start paying it forward.

The following ideas will help to get you inspired on how you can pay it forward to others with the help of some money. Naturally, you can also pay it forward with love, work, services and many other things that will enlighten other people’s lives.

Think about the power of your smile!

But for those of you who have some spare cash to make a strangers day, here you go:

$0 – $100
A few dollars can do so much in terms of making a difference in another persons life.
Offer to do the shopping for an elderly neighbor
Invite a homeless person for a meal
Pay gas for the stranger in the car next to you
Buy presents and take them to a children’s hospital
Buy a pet for a lonely person
Pay a family’s tab in a restaurant
Help locals in need
Baby sit for new parents and shout them a night at the movies


$ 0 - Free
Paying it forward for free makes all the difference. We don’t need money to show others how much we care:
Smile at every person you meet today
Walk up to a stranger and hug them while saying “I am thankful to have met you”
Offer to do the gardening for an elderly person
Cook for a person in need
Read stories in a children’s hospital
Visit elderly people in an old people’s home and spent some time listening to their stories
Volunteer for your local pet shelter or homeless shelter
Raise money for a person who lost their home to natural disasters or fire
Hold a garage sale and give the proceeds to an organization who helps others
Donate your unwanted household goods to the Red Cross or some other charity.

Monday, November 3, 2008

AALS Jackets Now Available


Dear AALS Sisters,

For those of you that missed the AALS Fall Board Meeting in Dothan this past weekend, the Ways & Means Committee announced that we will be selling fleece jackets in royal blue with AALS (with the scale) stitched on one side in white stitching and your name stitched on the other side in white stitching. For Sizes S-2XL it will be $40.00 and for a 3XL it will be $45.00. When ordering your jacket, please let me know how you would like your name on your jacket. The name I get is the name that is going on the jacket. I don’t know who all have the special initial behind their name and who doesn’t, so if you want it on there, please put them behind your name.

We want to make sure that everyone has an opportunity in ordering one and having your name placed on it, therefore, we are pre selling the jackets. The deadline to order a jacket is November 14th. If you would like a jacket, I need your order and check (made payable to AALS) no later than November 14th. We will be passing out the jackets at the Winter Board Meeting in January. If you are unable to be at the Winter Board Meeting, whoever is present at the meeting of your chapter, we will give the jackets to them to bring back to you. If for some reason you can not get your order and money to me by November 14th, we will be ordering extras and will have them at the Winter Board Meeting as well, they just will not have your name on it.

If you have any questions about the jackets, please do not hesitate to contact me.

Julie Nims
Legal Assistant to Kenneth R. Raines
Wilkins, Bankester, Biles & Wynne, P. A.
P. O. Box 1367
Fairhope, AL 36533
251-928-1915 (phone)
251-928-1967 (fax)







Wednesday, October 29, 2008

ELECTION DAY IS FAST APPROACHING

Election Day is fast approaching. If you are uncertain about which poll you are supposed to vote at or if you have moved it is very possible you did not change your voting location. Also many areas of our state have been redistricted since the last presidential election and if you have not voted in more than three or four years - it is very likely that the poll you should vote in on Tuesday may not be the one you voted at last time you voted.

The State has provided the following link to confirm your voting location... It only takes a minute to confirm your location and most definitely will save yourself a lot of grief and frustration if you show up at the wrong poll on Tuesday.

So, check this link and confirm your voting place. https://myinfo.alabamavotes.gov/
Please pass this link on to firm, your family and your friends.