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RE: [courtfiling-doc] Breaking Court Document out of Court Filing

From: James Keane
To: [email protected]
Date: Thu, 15 May 2003 22:59:00 -0000

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Subject: RE: [courtfiling-doc] Breaking Court Document out of Court Filing

From: jkeane <[email protected]>
To: [email protected]
Date: Thu, 15 May 2003 19:04:10 -0400

Title: RE: [courtfiling-doc] Breaking Court Document out of Court Filing

My point about putting the proposal in the form of a draft charter is to frame the issues and determine who is sponsoring and leading such a proposed TC. This particular procedure is spelled out in OASIS at http://www.oasis-open.org/committees/process.php#tc_formation. This approach has the added benefit of having the discussion in the public domain as well. If there is another procedure under OASIS, someone should put it on the table.

Our Steering committee is not omniscient and should be steering the work of the TC's not dictating what folks should do or not do. If someone wants to run with this, we should encourage volunteerism and not stifle such an initiative.

On a substantive note, the discussion about locking in the presentation format that took place in eContracts went in the direction that distinguishes between data that people want in a smart structured exchange format and data that needs to be in a presentable format. This allows the continuation of the blob WITH structured data but is can be based on the parties' agreement on what constitutes the binding bilateral contract. Court Documents are unilateral and may need some basis other than consent.

I am also pleased to say that I filed the final tax return for LegalXML, Inc., reporting that it was dissolved in 2002. We are committed to the OASIS course.

Let's discuss the process for considering a new TC under the OASIS Rules of Procedure (RoP). The steering committee should discuss it, but let's use a broader forum and process as provided in the RoP. If no one assembles a charter or we decide to go in another direction, the issues surfaced by CFTC and eContracts need horizontal resolution.

All the best

Jim Keane

Former Vice-Chair, Legal XML, Inc.

James I. Keane

JKeane.Law.Pro

20 Esworthy Terrace

North Potomac MD 20878

301-948-4062 F: 301-947-1176 (N.B.: NEW FAX NUMBER)

www.jkeane.com

Co-Author and Annual Update Editor of Treatise: Litigation Support Systems, An Attorney Guide 2nd Ed. (WestGroup, 1992, updated through 2002)