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Legal Serve ©, is an all-South African solution, developed through a panel of practising attorneys that came together to resolve a common business problem. Legal Serve was developed from the ground up. Legal Serve is quick, easy and affordable and the most widely used online electronic document exchange solution in South Africa. It has been designed and developed through a panel of attorneys for the practicing attorney.
Facilitate document exchange between legal entities.
Legal Serve enables you to serve documents electronically in any South African jurisdiction, while complying with all the legal requirements at a fraction of the cost. Legal Serve enables you to serve documents in 4 (four) easy steps.
All documents are digitally certified through the use of digital certificates and the documents are further encrypted (the latest 256 Byte encryption technology is used) to ensure that no one can tamper with your documents. Once all the required information is correctly entered and documents selected, you may click on Serve document and your document is served.
A digital certificate can be defined as an electronic file that securely links an individual or a computer to an encryption key pair and identification data. A digital certificate is used to identify the holder of the certificate and sender of a data message and to encrypt and protect the data message on the internet.
These digital certificates are installed onto a server, computer or some mobile device. It can then be used for access control or signing and encrypting messages. A digital certificate enables authentication (identity) of sender, validation of the certificate and integrity (not been tampered with) of the data message of a communication or transaction. Certificates are issued not only to individuals but also to associations, organisations and computer devices or application.
When a digital certificate is applied to a data message – the message is said to have been digitally signed. The data message can be an electronic document, electronic message, electronic transaction or other electronic communication. Digital signatures can also be used with a variety of software applications to sign documents and data, e.g. document flow applications or document processing software like Adobe (PDF documents). As an optional extra Legal Serve has the ability to digitally sign documents, using advanced electronic signature technology, without having to leave the Legal Serve application. The electronic communications and transactions act, 2002 (act no. 25 of 2002) makes provision that where an original is required, that requirement is met if the document has the correct and appropriate digital certificate.
Note: monthly subscription (transaction credits purchased upfront) may vary, why:-
Your subscription to Legal Serve is on a month to month subscription.
The attorney that has registered and that has been authorized on Legal Serve can send an invitation via a serve to any appropriate person.
On acceptance of the invitation the invitee (non-member) can only correspond via the Legal Serve in reference to that serve only. All related documents will be available all parties.
As part of the registration to access Legal Serve and the terms and conditions incorporate all members and invitees (non-members), agree to receive documents electronically received through Legal Serve. High Court Uniform Rules of Court 4A Delivery of documents and notices (1) Service of all subsequent documents and notices, not falling under rule 4(1)(a), in any proceedings on any other party to the litigation may be effected by one or more of the following manners to the address or addresses provided by that party under rules 6(5)(b), 6(5)(d)(i), 17(3), 19(3) or 34(8), by— (a) hand at the physical address for service provided, or (b) registered post to the postal address provided, or (c) facsimile or electronic mail to the respective addresses provided. (2) An address for service, postal address, facsimile address or electronic address mentioned in subrule (1) may be changed by the delivery of notice of a new address and thereafter service may be effected as provided for in that subrule at such new address. (3) Chapter III, Part 2 of the Electronic Communications and Transactions Act, 2002 (Act 25 of 2002) is applicable to service by facsimile or electronic mail. (4) Service under this rule need not be effected through the Sheriff. (5) The filing with the registrar of originals of documents and notices referred to in this rule shall not be done by way of facsimile or electronic mail. Subrule (3): 'Chapter III, Part 2 of the Electronic Communications and Transactions Act ... 25 of 2002.' Part 2 of Chapter III of Act 25 of 2002, in ss 21 to 26 thereof, deals with the communication of data messages. It reads as follows: 'Part 2 Communication of data messages (ss 21–26) 21 Variation by agreement between parties This Part only applies if the parties involved in generating, sending, receiving, storing or otherwise processing data messages have not reached agreement on the issues provided for therein. 22 Formation and validity of agreements (1) An agreement is not without legal force and effect merely because it was concluded partly or in whole by means of data messages. (2) An agreement concluded between parties by means of data messages is concluded at the time when and place where the acceptance of the offer was received by the offeror. RS 40, 2012 Rule-B1-p30 23 Time and place of communications, dispatch and receipt A data message— (a) used in the conclusion or performance of an agreement must be regarded as having been sent by the originator when it enters an information system outside the control of the originator or, if the originator and addressee are in the same information system, when it is capable of being retrieved by the addressee; (b) must be regarded as having been received by the addressee when the complete data message enters an information system designated or used for that purpose by the addressee and is capable of being retrieved and processed by the addressee; and (c) must be regarded as having been sent from the originator's usual place of business or residence and as having been received at the addressee's usual place of business or residence. 24 Expression of intent or other statement As between the originator and the addressee of a data message an expression of intent or other statement is not without legal force and effect merely on the grounds that— (a) it is in the form of a data message; or (b) it is not evidenced by an electronic signature but by other means from which such person's intent or other statement can be inferred. 25 Attribution of data messages to originator A data message is that of the originator if it was sent by— (a) the originator personally; (b) a person who had authority to act on behalf of the originator in respect of that data message; or (c) An information system programmed by or on behalf of the originator to operate automatically unless it is proved that the information system did not properly execute such programming. 26 Acknowledgement of receipt of data message (1) An acknowledgement of receipt of a data message is not necessary to give legal effect to that message. (2) An acknowledgement of receipt may be given by— (a) any communication by the addressee, whether automated or otherwise; or (b) any conduct of the addressee, sufficient to indicate to the originator that the data message has been received.' Address 17 Summons (3) (a) Every summons shall be signed by the attorney acting for the plaintiff and shall bear an attorney's physical address, within 15 kilometres of the office of the registrar, the attorney's postal address and, where available, the attorney's facsimile address and electronic mail address. (b) If no attorney is acting, the summons shall be signed by the plaintiff, who shall in addition append an address within 15 kilometres of the office of the registrar at which plaintiff will accept service of all subsequent documents in the suit, the plaintiff's postal address and, where available, plaintiff's facsimile address and electronic mail address. (c) After paragraph (a) or (b) has been complied with, the summons shall be signed and issued by the registrar and made returnable by the Sheriff to the court through the registrar. (d) The plaintiff may indicate in a summons whether the plaintiff is prepared to accept service of all subsequent documents and notices in the suit through any manner other than the physical address or postal address and, if so, shall state such preferred manner of service. (e) If an action is defended the defendant may, at the written request of the plaintiff, deliver a consent in writing to the exchange or service by both parties of subsequent documents and notices in the suit by way of facsimile or electronic mail. (f) If the defendant refuses or fails to deliver the consent in writing as provided for in paragraph (e), the court may, on application by the plaintiff, grant such consent, on such terms as to costs and otherwise as may be just and appropriate in the circumstances. Magistrate Court Rules; 2 Definitions (1) In these rules and in the forms annexed hereto any word or expression to which a meaning has been assigned in the Act shall bear the meaning so assigned and, unless the context otherwise indicates — 'deliver' (except when a summons is served on the opposite party only, and in rule 9) means to file with the registrar or clerk of the court and serve a copy on the opposite party either by hand-delivery, registered post, or, where agreed between the parties or so ordered by court, by facsimile or electronic mail (in which instance Chapter III, Part 2 of the Electronic Communications and Transactions Act, 2002 will apply), and 'delivery', 'delivered' and 'delivering' have corresponding meanings; 5 Summons (3) (a)(i) Every summons shall be signed by an attorney acting for the plaintiff and shall bear the attorney's physical address at which plaintiff will accept service of all subsequent documents and notices in the suit. In places where there are three or more attorneys or firms of attorneys practising independently of one another, the physical address shall be within 15 kilometres of the courthouse. The summons shall also bear the attorney's postal address, and, where available, the attorney's facsimile and electronic mail address. The State Attorney may appoint the office of the registrar or clerk of the civil court as its address for service. (ii) If no attorney is acting for the plaintiff, the summons shall be signed by the plaintiff. The summons shall bear the plaintiff's physical address at which the plaintiff will accept service of all subsequent documents and notices in the suit. In places where there are three or more attorneys or firms of attorneys practicing [sic] independently of one another, the physical address shall be within 15 kilometres of the courthouse. The summons shall also bear the plaintiff's postal address, and, where available, the plaintiff's facsimile and electronic mail address. (iii) After subparagraph (i) or (ii) has been complied with, the summons shall be signed and issued by the registrar or clerk of the court and shall bear the date of issue by the registrar or clerk as well as the case number allocated thereto. (b) The plaintiff may indicate in a summons whether the plaintiff is prepared to accept service of all subsequent documents and notices in the suit through any manner other than the physical address or postal address and, if so, shall state such preferred manner of service. RS 8, 2014 Rule-p5-2 (c) If an action is defended the defendant may, at the written request of the plaintiff, deliver a consent in writing to the exchange or service by both parties of subsequent documents and notices in the suit by way of facsimile or electronic mail. (d) If the defendant refuses or fails to deliver the consent in writing as provided for in paragraph (c), the court may, on application by the plaintiff, grant such consent, on such terms as to costs and otherwise as may be just and appropriate in the circumstances. 9 Service of process, notices and other documents (9)(a) Service of any notice, request, statement or other document which is not process of the court may be effected by delivery by hand at the address for service given in the summons or appearance to defend, as the case may be, or by sending it by registered post to the postal address so given: Provided that, subject to rules 5 and 13, service of such notice, request, statement or other document may be effected by sending it by facsimile or electronic mail to the facsimile address or electronic mail address given in the summons or notice of intention to defend, as the case may be. (b) An address for service, postal address, facsimile address or electronic address so given as contemplated in paragraph (a) may be changed by the delivery of notice of a new address and thereafter service may be effected as provided for in that paragraph at such new address. (c)(i) Service by registered post under this subrule shall, until the contrary appears, be deemed to have been effected at 10 o'clock in the forenoon on the fourth day after the postmarked date upon the receipt for registration. (ii) Chapter III, Part 2 of the Electronic Communications and Transactions Act, 2002 is applicable to service by facsimile or electronic mail. (d) Service under this subrule need not be effected through the sheriff.
Legal Serve aims to reduce costs and improve effectiveness and efficiencies.
Once a correspondent attorney has register and has been authorised as a Legal Serve member. Full access to all the pleadings and notices is available. The authorized correspondent attorney can simply access the registry to file documents and to prepare the court file. The correspondent attorney also enjoys the benefits of Legal Serve. An additional advantage for Legal Serve patrons is the national Legal Serve Serve Centres footprint that would further increase effectiveness and efficiencies to correspondent attorney’s and attorney alike.
Legal Serve aims to reduce costs and improve effectiveness and efficiencies.
All active Legal Serve members will have access to any Serve Centre nationwide. A Legal Serve member will issue a document to the respective Legal Serve Serve Centre with the required action, and the serve centre will undertake to conclude the instruction within an 8 (eight) business hours’ time frame.
All court filled and stamp documents, will be uploaded into Legal Serve for your record and all involved attorneys will be notified electronically of this new document status.
We are an ICT company that develops industry specific ICT solution (applications) with the aim to reduce operating expenses and improve effectiveness and efficiencies of its Clients value chain.
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