[blindlaw] service of process and reasonable accomodations

[Charles Krugman]

The California courts have not gone paperless yet and as I stated scanners 
do not read handwritten documents so the question is receiving process 
service that is handwritten or partially handwritten. Filling out the forms 
is not a problem and some of the forms for such things as unlawful detainers 
can be completed on line.
Chuck
----- Original Message ----- 
From: "James Pepper" <b75205 at gmail.com>
To: "NFBnet Blind Law Mailing List" <blindlaw at nfbnet.org>
Sent: Friday, November 21, 2008 10:35 PM
Subject: Re: [blindlaw] service of process and reasonable accomodations


> Ok Charles, given that California is about to go digital in its documents,
> and accept digital signatures, what about a thumb drive, and by the way I
> could make that form!
>
> James Pepper
> On Fri, Nov 21, 2008 at 7:13 PM, Ray Wayne <RWayne1 at nyc.rr.com> wrote:
>
>> I would never make this argument!  It would suggest that we who are blind
>> cannot handle printed material.
>> I was served with process once.  I asked the guy where it was from, and
>> when
>> he told me, I knew what it was about.
>> Ray
>>
>> ----- Original Message -----
>> From: "Mike Gilmore" <m_b_gilmore at yahoo.com>
>> To: <blindlaw at nfbnet.org>
>> Sent: Friday, November 21, 2008 8:20 AM
>> Subject: [blindlaw] service of process and reasonable accomodations
>>
>>
>>  This question is for Virginia lawyers--but people from other
>> jurisdictions
>> feel free to chime in.
>>
>> I was watching ER last night (yes, I'm one of those people who still 
>> watch
>> it regularly after all these years. You know, you start it at the 
>> beginning
>> and you gotta see how it ends.) Anyway, Dr. Raskotra was served and is
>> being
>> sued for medical malpractice. All of a sudden, a light went off in my 
>> head.
>>
>> As lawyers, I'm sure some of you have been served because of your clients
>> or
>> in general (e.g., divorce, whatever.) Has anyone ever thought of using as 
>> a
>> basis for improper service that you weren't served in an alternate format
>> (i.e., braille) and as such, your right to reasonable accomodation under
>> the
>> ADA has been violated? Granted, Virginia law doesn't allow this as a 
>> basis
>> upon which to raise improper service (and I'm sure other jurisdictions
>> don't
>> as well.) But, who's to say we can't use this as a basis? I mean, if the
>> ACB
>> can raise a lawsuit for braille money, what's to stop us from asserting
>> this
>> as a ground in the service of process phase? Concededly, federal civil
>> procedure doesn't allow for this ground either; but, think about it. We 
>> are
>> handed a document and how many of us have a scanner or SARA sitting in 
>> our
>> briefcase to scan the document? Sure, some of us may have a sighted
>> assistant who can say, "It's a complaint by John Doe", but what
>>  about those lawyers who don't have sighted assistants?
>>
>> Of course, the other side to the argument is, "Well, someone comes up to
>> you
>> and says you've been served, it's logical that you being an attorney 
>> would
>> realize what the document is. People just don't walk up to others and 
>> say,
>> "Congratulations! You've been served!""
>>
>> Just something to ponder. I'd love to hear opinions and thoughts. Keep in
>> mind, I'm not saying we should assert this as a ground for improper
>> service;
>> we must obey the statues and rules of civil procedure in the federal and
>> state jurisdictions. It's just something to chew on.
>>
>> Mike
>>
>>
>>
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