February 2024

Nope. Pull it.

A habit I got into a few years ago: yank the second page of the standard federal Summons in a Civil Action (Form AO440) before sending it overseas for service. That’s the Proof of Service page– a simple set of check boxes and blanks that are completed by a process server when it’s served in Philly, Boston, or Baltimore.

Why do I pull it? Simple. It’s not the proper form to prove service abroad, whether pursuant to Article 5 of the Hague Service Convention or not.Continue Reading If it’s going abroad, pull the second page of the AO440.

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Brett Jordan, Unsplash

[Update, December, 2025… the 2d Circuit agrees, as covered by my friend and fellow transnational legal tour guide, Ted Folkman. To be sure, the conflict only arises in what I call “5-O countries”, but even where Article 10(a) postal channels are available, e-service is still a bad idea in most cases. ]

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