Page 6 May 2015 By Johnathan T. Hasebe In a recent 2014 study, Facebook was listed as a contributing factor in more than 30 percent of all divorce pleadings. In a recent March 27, 2015 court decision, Facebook played a substantive role in connection with a divorce proceeding. Judge Matthew Cooper, a New York Supreme Court Judge, held that Ellanora Baidoo, a 26-year-old nurse, could serve notice of the divorce proceeding to her soon-to-be ex-husband, Victor Sena Blood- Dzraku, via Facebook. Service via Facebook is not a particularly new concept. As early as 2013, courts have allowed plaintiffs to use the popular social networking site as a supplemental method of service. What was groundbreaking in Judge Cooper’s decision is that Ms. Baidoo sought (and was approved) to use Facebook as the sole means of serving Mr. Blood-Dzraku. Assuming service is not waived, most jurisdictions have three basic methods by which a plaintiff in a lawsuit can serve a defendant: (1) actual or personal service, (2) substituted service, and (3) service by publication. Under actual service, a process server or sheriff physically hands the court documents to the defendant. Service by publication requires that the plaintiff publish, at least once a week for four successive weeks in the county where the action is pending and in the county of the last known residence of the person to be served. New York, like Arizona, also allows for alternative or substituted service if another method of service proves impracticable. In the New York case, Judge Cooper found that any other statutorily authorized means of service would be impracticable for Ms. Baidoo. Still, before granting the plaintiff’s request to notify her husband of the divorce proceeding via Facebook, the Judge noted a number of concerns, including that the defendant might not have created the account and that the defendant might not see the Facebook message informing him that he was being sued for divorce. To allay these concerns, the plaintiff was required to execute an af fi davit stating that she knew the account belonged to her husband. She was also required to submit proof that the defendant logged into and updated his account regularly. While Judge Cooper’s opinion is unlikely to lead to a wave of pleadings fi led via Facebook, the decision stands as an interesting benchmark in regards to the interplay between legal procedure and our digital lives. With social networking becoming further engrained in American society, it would not be surprising for state legislators in the near future to recognize social networking platforms as an effective means of alternative service. — Jonathan Hasebe is an associate at Gallagher & Kennedy. He practices in the areas of both general commercial litigation and transactional law. For more information about Mr. Hasebe, please visit gknet.com. LEGAL EASE You’ve been served: Divorcing via Facebook It would not be surprising for state legislators in the near future to recognize social networking platforms as an effective means of alternative service.” ‘‘ Serving the Arcadia area since 1958 Y" - % 1Y!21Y ' 0 "1Y#6-2' !1Y Find us on Facebook! Member Since 1959    +#"' !* • "#,2* • 13 0% #07 • -0"' ,% • % 0--+' ,% • - #"' #, ! #20' , ' ,% www.ingleside.com • 602-840-3446 PAMPER YOUR PET WITH OUR PREMIUM GROOMING SERVICES. Call us today for an appointment. 602-952-1754 BRIAN A. SERBIN, DVM • RACHEL BART, DVM KATHERINE HEWITT, DVM • KATIE CHILES, DVM Representing students of Arizona universities, community colleges and high schools, as well as other emerging Arizona artists since 1993. 480.946.5076 . artonegalleryinc.com 4130 n marshall way . scottsdale Representing students of Arizona universities, 480.946.5076 . artonegall art art ne gallery meadow • crystal conover • oil on canvas • 40”h x 30”w x 2.5”d ARTWALK! ARTWALK! THURSDAY NIGHTS THURSDAY NIGHTS SCOTTSDALEGALLERIES.COM SCOTTSDALEGALLERIES.COM

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