Saturday, July 20, 2013

Wasting of resources that makes no sense

Before I get to impeachment reason number four here, I want to speak in general about the mess that serves no purpose and help no just cause that is called "service of process" as it is implemented here. Did we apply justice and give all the rights to whom they belong so perfectly that we now need to go after such kind of things?????????
 
Isn't it a joke when a defendant file in the same case that he shouldn't be tried by the court because he "was not served properly"? The normal answer should be:
Well, now you know. Use the complaint and summon made accessible to you and you will have the same time period, again, to respond.
 
Why is all this wasting of resources for something that has absolutely no benefit whatsoever? Either a complaint was justly filed and the defendant deserves to be brought to court or the complaint was unjustly filed and in that case complicating
the process of informing that defendant about the lawsuit beyond what is just won't remedy the injustice of being sued unjustly. This wasted efforts and court's time and resources could be put to where it can serve some really needed just cause.
 
Moreover, the old "formal" process for serving complaints is very much inferior to  many ways a process can be served in this day and age. So, crude imitation of people who were limited in what is available to them hundred of years ago doesn't make any sense in these days . It should be about the just knowledge and access to the filing of a complaint and its content by the defendant -through whatever means- and nothing other than that.

Notice that I did not make the same objection on the personal jurisdiction issue because one can see its use in regulating the power of any state to bring people from another state to be tried by its courts. I only objected on the court ruling related to that matter. This issue, on the other hand, makes no sense and provide no benefit from the onset.   

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