In recent times, federal courts are extending authorisation for alternative methods of service of process, explicitly, service by email, in situations where the defendant has dodged the service and the new method is considered reasonably calculated to provide notice of the action and an opportunity to be heard. This development proffers a solution in times where traditional methods of service become impossible such as when a defendant’s whereabouts are unknown, or the defendant’s business is exclusively digital.
This interesting development is deciphered brilliantly by
Frantz Ward LLP
who elucidate that this new move is particularly beneficial in scenarios where the defendant operates an exclusively digital enterprise or where the defendant has significantly managed to evade service.
Indeed, the move to authorize service by email and other alternatives not only modernizes the method in sync with the increasingly digital age, but also provides a method around tricky circumstances where defendants are deliberately elusive or unreachable via conventional methods.
Whilst it is crucial to note that these alternative methods are not commonplace yet, it’s a reassuring notion for legal professionals that courts are ready and willing to evolve with the times and make use of modern communication means to ensure justice is served. It is yet to be seen how such changes will play out on the procedural front or affect the long-established principles of service of process, but the openness to change is an encouraging sign for many in the legal sphere.