
Whenever I receive a Hague Service Certificate from a foreign authority, I pass it along to my client with a few pieces of advice– all sketched out in various blog posts. This is merely a consolidation of a few things to keep in mind on the back end of Hague service…
- You may know before I do. (Okay, this comes before I receive the Certificate, but it’s still important to the timing question.) It’s not at all uncommon for the defense to call plaintiffs’ counsel before the foreign authorities get back to me with proof of service. Completely normal, this situation.
- The Hague Certificate– all the proof you need. The Hague Service Convention prescribes the form of proof for Central Authority service, and that pesky old Supremacy Clause makes the treaty supersede forum requirements. It’s essentially bulletproof, as long as it’s predicated on a valid request.
- The Hague Service Certificate… not necessarily on the form you provide. It’s irritating that you have to submit a blank form with your request– and then the foreign authorities just use one of their own. On the flip side, they usually type details on their own version, so handwritten scrawl isn’t a problem.
- The Hague Certificate… it’s already in English. Proof forms are bilingual or trilingual, depending on what country is involved. In many versions of the global standard, English isn’t the lead-off batter, so court clerks often just glance at the form and conclude that it needs to be translated. Not so.
- Don’t file the extra stuff. Only one page is legally significant: the Certificate itself. But it needs context, including the request form that led to its issuance. All that other stuff they send back, like the bailiff’s report in German or the Chinese postal delivery confirmation? Irrelevant.
- Extra time for the defendant to answer? Not on your life.
Questions? Give a shout. We’re happy to elaborate any time.