Verified Digital Service separates the evaluation of digital channels from the execution of digital service.
Every matter begins with a structured assessment. Digital transmission occurs only when the findings support it and the court authorizes it.
STEP ONE
Available information is used to identify digital communication channels potentially associated with the intended recipient.
Depending on the matter, these may include email addresses, mobile numbers, messaging platforms and social media accounts capable of direct communication.
Identification alone does not establish that a channel is appropriate for service.
Each potential channel is evaluated through the Digital Service Viability Assessment.
The assessment considers:
Whether the channel can be reliably associated with the intended recipient.
Whether available information indicates that the channel remains active and in use.
Whether the channel is capable of receiving direct
communication.
The completed assessment documents the available evidence and reaches a case-specific conclusion.
The findings may support moving forward with a request for alternate service.
Or the appropriate conclusion may be:
A negative finding is an important part of the process. VDS is designed to evaluate viability, not simply create a justification for digital service.
Where the findings support alternate service, counsel mayuse the Digital Service Viability Assessment in support of a motion requesting authorization for digital transmission.
The court determines whether the proposed method ofalternate service is authorized.
VDS does not make that legal determination.
Once authorized, documents are transmitted through the validated digital channels approved for use.
Digital delivery may operate independently or as an additional layer of notice alongside other court-authorized methods of alternate service.
The execution is documented and available records are preserved.
Documentation may include transmission timing, platforms utilized, screenshots, delivery indicators, system-generated records and other supporting information available through the authorized method of delivery.
Where digital service has been executed, VDS prepares an Affidavit of Digital Service documenting the actions taken and supporting records associated with the service effort.
A litigation support process developed by ASG Investigations
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