PROCESS OVERVIEW

How Verified Digital Service Works

A two-phase framework for evaluating and executing digital service

Verified Digital Service (VDS) follows a structured, two-phase process designed to evaluate whether digital service is appropriate and, where authorized, document its execution in a manner suitable for court review.

The process is intentionally sequential.

It separates whether digital service should be considered from how it is carried out, ensuring that any request for alternate service is supported by a clear, documented basis.

PHASE ONE:

Digital Service Viability Assessment

Every matter begins with an assessment.

This phase is designed to answer a single question:

Does this matter support a defensible request for digital service?

Potential digital channels are identified and evaluatedusing investigative methods to determine:

These factors are considered together—not in isolation—to evaluate whether digital service is reasonably likely to provide notice.

A Structured Decision Point

The assessment is not a formality. It is a decision point.

Each matter is assigned a viability determination based on the available information.

In many cases, the appropriate conclusion is that digital service should not be pursued.

This step exists to prevent unsupported or speculative requests for alternate service and to ensure that any recommendation is grounded in documented analysis.

Digital Service Viability Assessment

Where appropriate, the assessment is structured and documented in a manner intended to:

PHASE TWO:

Execution and Documentation

If the court authorizes alternate service, the second phase involves the documented transmission of service materials through the digital channels identified during the assessment.

Execution Within Court Parameters

All actions are taken in accordance with the parameters of the court’s order authorizing alternate service.

Service is carried out using the available functionality of the approved platform and may include the use of secure links to provide access to documents.

Documenting the Process

The focus of this phase is documentation.

This includes:

  • Date and time of transmission
  • Platform utilized
  • Screenshots or preserved records of the communication
  • System-generated records associated with document access or delivery

The objective is not to ensure that the materials are opened or acknowledged, but to document that they were transmitted through channels previously evaluated as reasonably likely to provide notice.

Affidavit of Digital Service

These records are compiled into a sworn Affidavit of Digital Service.

The affidavit documents the actions taken and establishes a clear record of the transmission in accordance with the court’s authorization.

How This Fits Into the Litigation Process

VDS is not a standalone service. It is used within the existing service workflow.

In practice, the sequence typically looks like:

  1. Traditional service attempts are made
  2. Service becomes difficult or unproductive
  3. A VDS assessment is performed
  4. Counsel determines whether to pursue alternate service
  5. If authorized, digital service is executed and documented

A Deliberate, Case-Specific Process

VDS is not applied automatically and is not appropriate in every matter.

The process is designed to introduce structure and documentation into situations where service has become uncertain, allowing attorneys to make informed decisions before additional time and cost are incurred.

PROCESS OVERVIEW

How Verified Digital Service Works

A two-phase framework for evaluating and executing digital service

Verified Digital Service (VDS) follows a structured, two-phase process designed to evaluate whether digital service is appropriate and, where authorized, document its execution in a manner suitable for court review.

The process is intentionally sequential.

It separates whether digital service should be considered from how it is carried out, ensuring that any request for alternate service is supported by a clear, documented basis.

PHASE ONE:

Digital Service Viability Assessment

Every matter begins with an assessment.

This phase is designed to answer a single question:

Does this matter support a defensible request for digital service?

Potential digital channels are identified and evaluatedusing investigative methods to determine:

These factors are considered together—not in isolation—to evaluate whether digital service is reasonably likely to provide notice.

A Structured Decision Point

The assessment is not a formality. It is a decision point.

Each matter is assigned a viability determination based on the available information.

In many cases, the appropriate conclusion is that digital service should not be pursued.

This step exists to prevent unsupported or speculativerequests for alternate service and to ensure that any recommendation isgrounded in documented analysis.

Digital Service Viability Assessment

Where appropriate, the assessment is structured and documented in a manner intended to:

PHASE TWO:

Execution and Documentation

If the court authorizes alternate service, the second phase involves the documented transmission of service materials through the digital channels identified during the assessment.

Execution Within Court Parameters

All actions are taken in accordance with the parameters of the court’s order authorizing alternate service.

Service is carried out using the available functionality of the approved platform and may include the use of secure links to provide access to documents.

Documenting the Process

The focus of this phase is documentation.

This includes:

  • Date and time of transmission
  • Platform utilized
  • Screenshots or preserved records of the communication
  • System-generated records associated with document access or delivery

The objective is not to ensure that the materials are opened or acknowledged, but to document that they were transmitted through channels previously evaluated as reasonably likely to provide notice.

Affidavit of Digital Service

These records are compiled into a sworn Affidavit of Digital Service.

The affidavit documents the actions taken and establishes a clear record of the transmission in accordance with the court’s authorization.

How This Fits Into the Litigation Process

VDS is not a standalone service. It is used within the existing service workflow.

In practice, the sequence typically looks like:

  1. Traditional service attempts are made
  2. Service becomes difficult or unproductive
  3. A VDS assessment is performed
  4. Counsel determines whether to pursue alternate service
  5. If authorized, digital service is executed and documented

A Deliberate, Case-Specific Process

VDS is not applied automatically and is not appropriate in every matter.

The process is designed to introduce structure and documentation into situations where service has become uncertain, allowing attorneys to make informed decisions before additional time and cost are incurred.