CONSIDERATION FRAMEWORK

When to Consider Verified Digital Service

Digital service is not appropriate for every matter.

The Digital Service Viability Assessment is designed to determine whether the facts support considering digital alternate service before counsel proceeds further.

Common Situations

VDS may be worth considering when:

Repeated attempts at personal service have been unsuccessful
The subject appears to be avoiding service despite a known residence
The subject's physical location is uncertain or changing
Traditional methods are unlikely to establish meaningful contact
A matter is approaching an affidavit of non-service
Continued service attempts are creating additional delay and expense
Counsel is evaluating available alternate-service options
There are identifiable digital communication channels that may provide an additional path to notice

You Do Not Always Need to Wait for Complete Non-Service

Many matters reach VDS after traditional service efforts have already failed.

Others can be evaluated earlier.

When the facts indicate that continued attempts are unlikely to result in contact, evaluating digital viability earlier may help counsel understand what alternate-service options could be available before additional time and expense are incurred.

Not Every Matter Qualifies

Identifying an email address, phone number or social media account does not automatically make digital service appropriate.

The channel must be evaluated for attribution, activity and reachability.

In some cases, the appropriate result of a Digital Service Viability Assessment is that digital service should not be pursued.

That determination is itself valuable because counsel can make the next decision with a documented understanding of what digital options are, or are not, available.

Unsure Whether a Matter is Viable?

You do not need to determine that before contacting us.

Send us the basic circumstances surrounding the service difficulty and we can discuss whether a Digital Service Viability Assessment makes sense.

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