House Concurrent Resolution No. 29




         Whereas, currently, Missouri Supreme Court rules do not specifically provide for service of legal documents through the use of electronic mail (e-mail); and


            Whereas, service of legal documents by e-mail could have the same effect as service via the United States mail if the service is postmarked by the United States Postal Service Electronic Postmark; and


            Whereas, other states, such as South Carolina, are experimenting with the use of e-mail for service of legal documents and, to date, such experiments have shown to be successful thus far; and


            Whereas, in a computer age where virtually every transaction and communication is made with the assistance of some form of computer technology, the benefits of utilization of electronic mail as a method of providing service of legal documents are undeniable; and


            Whereas, with today's safeguards and protections built in to electronic mail transmissions, service of legal documents can be accomplished in a manner that protects confidentiality while providing one of the fastest and most efficient methods of transmitting documents:


            Now, therefore, be it resolved that the members of the House of Representatives of the Ninety-third General Assembly, First Regular Session, the Senate concurring therein, hereby urge the Missouri Supreme Court to promulgate rules to permit the use of electronic mail for the service of legal documents; and


            Be it further resolved that the Chief Clerk of the Missouri House of Representatives be instructed to prepare properly inscribed copies of this resolution for Thomas F. Simon, the Chief Clerk of the Missouri Supreme Court and Michael Buenger, the State Courts Administrator.