Legal Definitions - viis et modis

Viis et modis is a Latin phrase that translates to "by all ways and means." In the context of church law (also known as ecclesiastical law), this term refers to a method of formally notifying an individual about a legal proceeding, such as a summons or an official order, when it is not possible to deliver the notice to them directly.

This method is used when a person's whereabouts are unknown, or they are deliberately avoiding direct contact. Instead of handing the documents directly to the person (which is called "personal service"), a church court might authorize service viis et modis. This typically involves posting notices in public places where the person is likely to see them or where others who know the person might see them and relay the information. The goal is to make a diligent, good-faith effort to inform the individual using all reasonable indirect avenues available.

• Example 1: Notifying a Former Parishioner

  Imagine a church tribunal needs to inform a former parishioner about a hearing concerning a past disciplinary matter. The parishioner moved out of the area several years ago, and the church no longer has a current address or contact information for them. After reasonable attempts to locate the individual through their last known contacts fail, the tribunal might authorize service viis et modis. This could involve posting a formal notice on the physical bulletin board at the church, publishing it in the church's weekly bulletin, and perhaps even placing an announcement in a local community newspaper in the area where the person was last known to reside. This demonstrates using "all ways and means" to attempt notification when direct contact is impossible.

• Example 2: Reaching an Elusive Member of a Religious Order

  Consider a situation within a religious order where a member has become reclusive and is actively avoiding communication regarding a serious internal dispute or a review of their vows. Despite multiple attempts by the order's leadership to reach them directly, the member remains unreachable. The order's internal tribunal might then resort to service viis et modis. This could involve posting the official summons prominently within the monastery or convent where the member resides or is known to frequent, as well as at other affiliated locations. The intent is to ensure that even if the individual avoids direct interaction, they are still given a reasonable opportunity to become aware of the proceedings through public notice within their community.

• Example 3: Informing a Beneficiary with Unknown Whereabouts

  Suppose a church organization is administering a charitable trust established by a deceased member, and one of the named beneficiaries has not been heard from in decades. All efforts to trace the beneficiary through standard channels have been unsuccessful. To fulfill its legal obligations, the church court might permit service viis et modis to formally notify this missing beneficiary. This could involve publishing a notice in a newspaper of general circulation in the region where the beneficiary was last known to live, as well as posting it at the church and any other relevant community centers. This method ensures that the church has made every reasonable effort to inform the beneficiary, even when their exact whereabouts are genuinely unknown.