This is to clarify the use of forms GN20 and 21, the Consent to Electronic Service.
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. Electronic Service is authorized pursuant to Title 12. O.S. §2005. The relevant section of the statute is:
B. SERVICE: HOW MADE. Whenever pursuant to this act service is required or permitted to be made upon a party represented by an attorney the service shall be made upon the attorney unless service directly upon the party is ordered by the court or final judgment has been rendered and the time for appeal has expired. Service upon the attorney or upon a party shall be made by delivering a copy to the attorney or the party or by mailing it or sending it by third-party commercial carrier for delivery within three (3) calendar days to the attorney or the party at the last-known address of the attorney or the party or by electronic means if the attorney or party consents in writing to receiving service in a particular case by electronic means and the attorney or party provides instructions for making the electronic service consented to by the attorney or party. The required written consent and electronic service instructions may be made in the entry of appearance filed by the attorney or the party pursuant to subsection A of Section 2005.2 of this title or may be made in another pleading filed by the attorney or party in the case. For purposes of this subsection, “electronic means” includes communications by facsimile or electronic mail through the internet, commonly known as e-mail. If no mailing address, physical address or electronic means address for the attorney or party is known, service is effected by leaving it with the clerk of the court.