Electronic Service of Process
Electronic service of process has been seeing a significant uptick in approval over the last few years. While electronic service of process used to just mean service via email, it has grown to include Facebook and Twitter – and more recently, LinkedIn and Instagram.
Personal service continues to remain the golden standard for service, but in cases where service has been attempted and adequate due diligence conducted, e-service is a viable option. This can be extremely helpful in cases where it can be extremely difficult to locate a new address for an individual but there exists a known social media account.
Approval for alternate service
Getting approval for alternate service via email or social media will require information to be submitted to the judge providing proof that the social media account belongs to the defendant. The judge will also require significant due diligence in attempting to personally serve the subject. As an initial attempt, electronic service of process is not an option.
For more information on what may be necessary in order to gain approval for electronic service of process, our office is happy to share what we’ve seen needed in other cases. Please feel free to contact us as firstname.lastname@example.org.
Service via Social Media
With worldwide social media users totaling near 2.3 BILLION, there are increasing odds of an individual being notified of the service than traditional alternate methods of service such as publication.
This type of service requires capture of specific information along with executing the service. Just like with other methods of alternate service, like publication, it can sometimes be difficult to know if the subject actually received the notice. There are instances where this can be determined, but having having substantiated proof of delivery will prove to the court the obligations of this type of service were fulfilled.
DGR Serves First Instances of Service by Instagram and LinkedIn
In October 2017 DGR served for the very first time in the world over Instagram and LinkedIn. Facebook and email had been the primary methods of electronic service, requiring careful planning and execution to make sure the service could be authenticated and would be accepted by the court.
To read more about the case and process click here.