Congratulations. Your USM-94 has arrived and you’ve fulfilled your obligation relative to the Hague Service Convention. Whether you’re a client who has retained us to file an Article 5 Request on your behalf with a foreign government, or you’ve used the Hague Envoy platform, or you’re one of those intrepid do-it-yourself* practitioners who has decided to, well, do it yourself… here’s what comes next:

Wait.

Seriously, that’s all you can do. Now that you’re on file in Beijing or Berlin or Bogota, you’ve done everything possible, and you’ve fulfilled your duty. From here, it’s all in the hands of a foreign sovereign, and it’s absolutely critical that you get out of your American lawyer head (or Canadian lawyer head) and recognize that things just work differently “over there”.

Here are some pertinent posts to offer perspective for you on what’s coming down the pike:

• For starters, even though this is going to take a while, if you’re in federal court, don’t ask for an extension. It’ll only cause you heartache. Likewise in state courts whose rules track the FRCP.
• Again, even though this is going to take a while, don’t try to circumvent the process by jumping to alternatives like email or social media. Electronic service conflicts with the Hague Service Convention. Violently. At least, it unquestionably does in what I call “5-0 countries.” And it still presents a nasty fact challenge where it’s considered a postal channel under Article 10(a).
• Status updates? No. Those only happen in the rarest of cases.
• Private process servers aren’t a thing in civil law systems– they’re a creature of the common law. In most of the world, service is effected by judicial bailiffs or other court-designated officials. As such, we don’t have the same degree of control over the event that we might have here in the U.S. or Canada.
• You may know service has been effected before I do. Or for the DIY set, you may hear from opposing counsel before you hear from the foreign authorities who are handling your request. It’s a real hoot when the defendant’s lawyer demands to see proof of service that hasn’t even been issued yet.
• Simultaneous Hague Service on multiple defendants? Probably not. Because bureaucracies.
• Holidays are a thing overseas. Don’t expect foreign authorities to be diligent and get things done right before they take the kids to the beach.
• Once it’s all done… The Hague Certificate… all the proof you need.
• Above all else, You’ve got a friend in 4(m).

And even above that, know that we’re here for you.

Even when we’re taking the kids to the beach.

* Sure, I’m obviously biased, but I contend that going it alone is usually a bad idea– and even if you get it right, it’s costing you more than you think.