Locating a Witness in Virginia: What Counsel Should Expect From an Investigator
How a licensed investigator finds people lawfully, documents the search, and keeps the work usable in court.
A missing witness can stall a case for months. Former employees move, change numbers and drop off social media. Parties who do not want to be served are harder still. A licensed investigator can usually close the gap, provided the search is done lawfully and documented in a way counsel can use.
Start with what the file already holds
The best leads are often already in discovery: old addresses, phone numbers, employers, emergency contacts, vehicles, and the names of relatives or co-workers. Sending the investigator everything at the start saves days of duplicated research.
How a lawful search works
- Public records: property, court, business, licensing and other filings
- Commercial databases licensed to investigators, used within their permitted-use terms
- Social media and open-source research, without friending, messaging or misleading the subject
- Field work to confirm a residence or workplace before service or contact is attempted
What an investigator should not do
Some shortcuts create more problems than they solve. Obtaining phone or financial records by pretexting is prohibited by federal law, and contact with a represented party can raise ethics issues for the attorney who directed it. Before you engage an investigator, ask how they will find the person. You should get a plain answer.
Documenting the search
When a person cannot be found, the record of the attempt matters. Virginia permits service by order of publication in certain cases where diligence is shown by affidavit, and courts expect that diligence to be specific. A useful report lists each source checked, the date, and what it returned, so it can support an affidavit without rework.
Licensing and work product
Private investigators working in Virginia must be licensed through the Department of Criminal Justice Services. Ask for the license number and confirm it. SAG holds DCJS license 11-30268. Retaining the investigator through counsel, at the attorney’s direction, also helps keep the work within the attorney’s work product.