A structured, defensible approach to evaluating and executing digital service
in matters where traditional methods are unsuccessful.
In many cases, the issue is not a lack of information about where a defendant may be located, but an inability to reach them through traditional methods.
Residences may show signs of occupancy. Multiple attempts may be made at different times and locations. Yet no contact is achieved.
In these situations, continued attempts often produce diminishing returns, adding cost and delay without increasing the likelihood of successful service.
Many individuals who are difficult to reach through physical service maintain an active digital presence.
Email, messaging platforms, and social media accounts often provide more reliable indicators of a person’s engagement than their physical availability at a given address.
The challenge is not simply identifying these channels, but determining whether they are actually connected to the subject and reasonably likely to provide notice.
Verified Digital Service (VDS) is a structured investigative process designed to evaluate and, where appropriate, execute digital service ina manner that aligns with legal standards of notice.
It is not a replacement for traditional service and is not appropriate in every matter.
Instead, it provides a disciplined framework for situations where conventional methods are not producing results and alternate service maybe considered.
A key component of this process is determining when digital service should not be pursued.
PHASE ONE
Every matter begins with an assessment.
Potential digital channels are identified and evaluated using investigative methods to determine:
Digital service should not be proposed without a clear, supportable basis.
The resulting assessment is structured and documented in a manner intended to support inclusion in a motion for alternate service, where appropriate, and to provide a clear evidentiary foundation for the request.
Each matter is then assigned a viability determination basedon these factors.
Not all matters qualify. In many cases, the appropriate conclusion is that digital service should not be pursued.
The purpose of this phase is not to identify a possible channel, but to determine whether digital service can be supported as a reasonable and defensible method of notice.
PHASE TWO
Where appropriate, and typically following court authorization, service materials may be transmitted through digital channels identified during the assessment.
All actions are taken in accordance with the parameters of the court’s order authorizing alternate service.
Transmission is carried out using the available functionality of the platform and may include the use of secure links to provide access to service documents.
The timing, method of transmission, and any observable delivery indicators are documented as part of the process.
This may include:
This phase does not ensure materials are opened or acknowledged, but documents transmission through channels previously evaluated as reasonably likely to provide notice.
These records are compiled into a sworn Affidavit of Digital Service, prepared to document the actions taken and support the record of service.
This approach is considered in matters where traditional service efforts are not producing progress or are likely to result in non-service.
In many cases, this occurs after multiple unsuccessful attempts. In others, it becomes apparent earlier that continued efforts are unlikely to result in contact.
This may include:
VDS may be introduced at any of these points to evaluate whether alternate service should be considered.
The goal is to evaluate alternate service before additional time and cost are incurred through continued attempts that are unlikely to succeed.
Each matter results in structured documentation designed to support decision-making and, where appropriate, court submission.
This may include:
The Digital Service Viability Assessment is intended to support a request for alternate service, where appropriate. If digital service is authorized and executed, the Affidavit of Digital Service documents the actions taken and provides a clear evidentiary record of the service effort.
Verified Digital Service begins with an assessment and is available for matters where service has become difficult or is trending toward non-service.
Not all assessments result in digital service.
In many instances, the appropriate conclusion is that digital service should not be pursued based on the information available in the matter.
Each matter is evaluated individually, and the process isused only where it is appropriate under the circumstances.
A litigation support process developed by ASG Investigations
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