Shanghai No.3 Intermediate People’s Court (Intellectual Property Court, Intermediate Railway Transportation Court) Proactively Promotes Service of Legal Instrument by Notary Organization Entrusted and Achieves Good Effect

To further promote comprehensive supporting reform of judicial system and explore socialized utilization of juridical auxiliary business, Shanghai No.3 Intermediate People’s Court (Intellectual Property Court, Intermediate Railway Transportation Court) established cooperative relationship with Shanghai Oriental Notary Public Office concerning the service of legal instrument by notary organization entrusted in May 2017. Legal instrument which cannot be served by direct delivery, post service, or lien service will be delivered by the entrusted notary organization via visiting service to avoid (if possible) overlong litigation period caused by the service by publication. Over the past year, the legal instruments of 150 cases were delivered by the entrusted notary organization, among which legal instruments of 76 cases were effectively served with a rate of service of 50.7%. The main methods applied are firstly to improve the tie-in and cooperation pattern. The parties will enter into the Agreement on Service by Commission. The court will issue a One Time Power of Attorney concerning the service of legal instrument by commission to Shanghai Oriental Notary Public Office. As a result, when a legal instrument is to be delivered by Shanghai Oriental Notary Public Office entrusted by the court, no power of attorney will be issued separately by the court, and a connecting mode where the notary organization participates in juridical auxiliary affairs with features of “outsourcing of auxiliary affairs, participation by notary organization and supervision by the court” is formed. A special passage is established for notarization consultation and “service by commission affairs” in the court, and the notary organization should assign its notary personnel to the court who should work in the court at least 1 day each week. The notary staff shall be subject to dual management by the notary organization and the court. Secondly, standardize the business process. The staff dispatched to the court by the notary organization shall, after receiving litigation materials from the court division, immediately issue the receipt and appoint 2 staff to carry out the service of litigation materials. Where the addressee is a natural person, the notary organization shall serve the legal instrument on the spot for at least 3 times within 7 days; where the addressee is a legal person, the notary organization shall serve the legal instrument on the spot for at least 2 times within 7 days. The service of legal instrument shall be carried out on a working day. Whether the legal instrument is effectively served or not, the notary organization shall issue a certificate recording the entire process of service. Thirdly, deepen intelligent judicial auxiliary. “cloud-notarization” data storage platform shall be energetically promoted; during the service of legal instruction, the notary staff shall store web page screenshot, phone-call recording, mobile phone photograph and other evidences timely and online, and decode, download and save the relevant electronic evidences by using electronic key, and issue the certificate to ensure that the entire process of service is recorded and maintained. Fourthly, reinforce work security. Establish quarterly meeting system and daily work connection mechanism, carry out circumstance communication in a timely manner, solve problem by coordination, summarize work experience, strengthen business training of notary staff, specify judgment standard for effective service, skills of effective service, and etc. and strictly regulate the act of service by the notary staff.