A trio of recent trial court decisions has had to grabble with service of process via Facebook or by email on individuals who do not want to be located, and the tension created by seeking to ensure that such a putative defendant has been given notice of a litigation that comports with “due process.” It has long been clear to courts, lawyers and parties that statutory service by publication generally is an ineffectual means of service and the decisions discussed below demonstrate that electronic service of process, albeit not specifically permitted by statute, will be permitted in lieu of publication, if the appropriate predicate is established that the defendant will receive notice, “reasonably calculated” under the circumstances, to inform her of the action.
Significantly, the First Department in Kolchins v. Evolution Mkts.,1 has now made it clear that emails may in the appropriate case constitute documentary evidence under CPLR 3211(a)(1), and a recent civil court decision found that emails exchanged between counsel can be sufficient to establish a stipulation that resolves a matter.
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