CONSIDERATION FRAMEWORK

When to Use VDS

When Verified Digital Service May Be Appropriate

Verified Digital Service (VDS) is considered in matters where traditional service efforts are no longer producing progress or are unlikely to result in successful service.

In many cases, the issue is not that a defendant cannot be located, but that they are not engaging through traditional service methods.

Recognizing the Pattern

This point is often identifiable through the pattern of attempts, not a single event.

Examples include:

Multiple attempts at a known residence with signs of occupancy but no contact
Repeated visits at varied times without successful service
Situations where the subject appears to be avoiding service
Cases where information is sufficient to identify the subject, but not to complete service

At a certain stage, continued attempts begin to confirm a pattern rather than move the file forward.

When to Introduce the Assessment

VDS may be introduced at any point where it becomes clear that service is trending toward non-service.

This may occur:

After multiple unsuccessful attempts
Earlier in the process when avoidance is apparent
Before an affidavit of non-service is finalized

The goal is to evaluate alternate service before additional time and cost are incurred through continued attempts that are unlikely to succeed.

Not a Default Step

VDS is not a standard step in every file and is not intended to replace traditional service.

It is used selectively in matters where:

Conventional methods are no longer effective
Additional attempts are unlikely to change the outcome
Alternate service is likely to be considered

A Decision, Not a Tactic

The assessment exists to answer whether digital service should be pursued—not simply how it could be executed.

In many matters, the appropriate conclusion is that digital service is not supported by the available information.

This determination is made before any request for alternate service is presented to the court.

How It Fits in Practice

In practical terms, VDS is typically introduced when a file reaches a point where the next step would otherwise be:

Continued attempts with diminishing likelihood of success, or
Preparation of an affidavit of non-service

The assessment provides an opportunity to evaluate anadditional option before that step is taken.