Legal Authority:
12 O.S. § 2005(B) Service and Filing of Pleadings and Other Papers
56 O.S. § 240.3 Appeal of Final Orders of the Office of Administrative Hearings
12 O.S. § 2005.2 Entry of Appearance, Out-of-State Counsel, Address of Record and Withdrawal
Parties, or their attorneys, can consent in writing to service of document by electronic means, filed subsequent to the initial service in the action. Consent is limited to that particular action.
Pleadings asserting new or additional claims require a new consent of electronic service.
In order to perfect service by electronic means, CSS must obtain written consent by the attorney or party to be served. There are two Notices of Consent to Electronic Service forms on ALC: the GN20 (for pro se use) and GN21 (for attorney use). This notice must be signed and filed with the court.
The forms are only to be used to authorize electronic service of subsequent pleadings and orders in a specific action after the initial pleadings have been filed and served. For example, if CSS files a Contempt action it has to be served in person or by certified mail. If staff sends a subpoena, continuance or order after the contempt action is served; staff could ask the parties to complete a GN20 or their attorneys, a GN21, to authorize electronic service of subsequent pleadings and orders in the Contempt action. After the Contempt action is complete, it does not mean staff can serve by e-mail subsequent pleadings and orders in another action, such as a new contempt action, or a Motion to Modify. The parties or their attorneys would have to complete a new Consent to Electronic Service to authorize electronic service for subsequent pleadings and orders in the new action.
The e-mail designated for electronic service, may or may not be the same as the e-mail address that a customer provides to make contact for other reasons. Do not change a customer’s e-mail address on the system to the e-mail designated for electronic service, unless the customer authorizes it. Document the e-mail address on caselog when you receive written authorization for electronic service. Indicate what action it concerns.
It is imperative to be aware of the limitations of electronic service. When CSS has been given consent to serve a party or his/her attorney at an authorized email address the service is only good for the current action.
Below are two scenarios illustrating when a new Notice of Electronic Service would or would not be needed.
Scenario 1
A party consented to electronic service on a Motion to Modify as evidenced by completion of a Notice of Consent to Electronic Service (GN20) signed by the party and filed with the Court. Parties appear for a hearing and a continuance is needed to obtain additional information, such as the cost of health care coverage for an accurate calculation of child support. Notice of the continuance may be sent to the authorized email address as it is a continuation of the original action.
Scenario 2
If a party consented to electronic service in an initial action and a new or amended action is filed, it is considered a new action. A new Notice of Consent to Electronic Service is required.
An action is deemed complete when an order has been entered and the appeal time has expired. Any new actions would require new service and a new signed and filed Notice of Consent to Electronic Service.
At the discretion of the State’s attorney, CSS may also consent to Electronic Service. The consent may be included in the Entry of Appearance and provide the electronic address to which the electronic services will be accepted.
Always consult your managing or state’s attorney when the use of electronic service is in question.