Ministry of Justice, Warsaw. Adrian Grycuk, via Wikimedia Commons.

I say all the time that we aren’t building rockets here.  But we are building a ship, of sorts, and a leaky ship means that people could not possibly reach North America from Europe.  A whole bunch of immigrants from Poland actually did reach North America over the past centuries, and they enriched our culture in a host of different ways– even making Chicago the second-largest Polish city (at least, at one time).  With so many family ties to the old country, it’s no surprise that litigation pops up now and again, which means attention must be paid to doing things right.

Serving process in Poland is subject to the strictures of the Hague Service Convention.  This holds true regardless of which U.S. or Canadian venue is hearing the matter.  You’ve got three ways to get it done:

  1. Tap us on the shoulder for bespoke attention—and probably some amusing commentary to boot (see the upper right if you’re on a desktop, or way down below if you’re on a phone/tablet),
  2. Cruise over to the Hague Envoy platform at USM94.com to automate the completion of your forms in perhaps twenty minutes or so, or
  3. If you’re feeling froggy & would like to handle the whole thing yourself, keep reading.  This lays out the framework you’ll need.

Some background is in order, if you’re so inclined, before we cut to the chase.

Here’s how it’s done in Poland:

Article 5 Service

  • Translate the documents. Poland’s declaration to Article 5(3) does not specifically require documents to be translated, but the defendant is afforded a chance to reject untranslated process.  That rejection puts you back at square one, and that’s not a fight worth having, if you ask me… just translate it.
  • Fill out a USM-94. Be very careful about ensuring that it is complete and concise, and make sure that it is signed by a court official or an attorney.  If it is not, make sure that the person signing is commissioned by the court.
  • Send to the appropriate Central Authority, in this case Ministry of Justice in Warsaw.
  • Sit tight. It may take a while—likely several months from submission to return of proof.

Article 10 alternative methods

  • They simply aren’t available, because Poland objects to them all. Article 5 is the only way it can be done.

Seriously—that’s all there is to it.  The method is straightforward and simple.  Poland’s declarations and Central Authority information—as well as those of all the other countries in the treaty—can be found here.

Bonus practice tip… if you’re defense counsel, always question the validity of service effected on your overseas client.  The plaintiff may not have done it correctly.  That actually happened once, with a defendant in Norway, and her lawyers were smart enough to fight the issue.  The Washington Court of Appeals erroneously thought going outside the Central Authority was okay, but their Supreme Court saw the matter differently.

The Mortuary Temple of Hatshepsut, Thebes. Vyacheslav Argenberg via Wikimedia Commons.

Nope.  We’re not building rockets here.  But we are building a ship of sorts, and a leaky vessel means the cargo may not make it to its destination.  Likewise, service of process in foreign countries must be undertaken in a very particular way, lest a judgment be thrown out later (or never won at all).  Serving process in Egypt is subject to the strictures of the Hague Service Convention, regardless of which U.S. or Canadian venue is hearing the matter.

You’ve got three ways to go:

  1. Tap us on the shoulder for bespoke attention—and probably some amusing commentary to boot (see the upper right if you’re on a desktop, or way down below if you’re on a phone/tablet),
  2. Cruise over to the Hague Envoy platform at USM94.com to automate the completion of your forms in perhaps twenty minutes or so, or
  3. If you’re feeling froggy & would like to handle the whole thing yourself, keep reading.  This lays out the framework you’ll need.

Some background is in order, if you’re so inclined, before we cut to the chase.

  • The roadmap to the overall process—the recipe to our Secret Sauce.
  • The structure of the Convention itself is discussed in this four-part series.
  • And an absolutely critical note: the Hague Service Convention does not confer coercive effect on subpoenas.  Repeat after me—you can’t just SERVE a subpoena abroad.  At least not if you want it to work. You have to file a Hague Evidence Request in most instances– or a Letter Rogatory in Egypt, which isn’t part of the Evidence Convention.  Dramatically different from serving a summons or notice.

Here’s how service is effected in Egypt:

Article 5 Service

  • Translate the documents into Arabic.  Egypt’s declaration to Article 5(3) doesn’t specify whether it’s required, but do it anyway.  Although the defendant may speak flawless English, omitting translated documents could prompt the Central Authority– or more likely, some local official– to reject your request.
  • Fill out a USM-94. Be very careful about ensuring that it is complete and concise, and make sure that it is signed by a court official or an attorney.  If it is not, make sure that the person signing is commissioned by the court.
  • Send to the Central Authority.
  • Sit tight. It may take a while—likely several months or more, from submission to return of proof.

Article 10 alternative methods

  • They simply aren’t available, because Egypt objects to them all. Article 5 is the only available channel.

That’s all there is to it.  There’s really only one way to get the job done, and going around official channels to effect service is a surefire path to disaster..

Egypt’s declarations and Central Authority information—as well as those of all the other countries in the treaty—can be found here.

Ocho Rios, Standish77 via Wikimedia Commons

Squarely in the heart of the Caribbean Sea lies an island that has played host to countless movies, spring break junkets, and movies about spring break junkets.  The mere mention of Jamaica conjures images of Bob Marley, cabanas under palm trees, and scantily clad beachgoers who have escaped the frigid northern winter.  And lots of tour packages… which naturally leads to lots of litigation.

Jamaica is not party to the Hague Service Convention (HSC), although it has acceded to the Hague Apostille and Child Abduction Conventions.  Notwithstanding its absence from the HSC, serving documents in Jamaica is relatively straightforward, owing to its status as a former British colony and current member of the Commonwealth of Nations.  It maintains a healthy common law system, so it should not be unfamiliar to American or Canadian* lawyers.

Service of U.S. (and most likely, Canadian) process can be effected (1) by mail, if permissible under forum court rules, (2) by Letter Rogatory, or (3) via private process server.  In all cases, enforcement of a judgment must be kept in mind– and it is in that light that I recommend Door #3 for just about every case that come across my desk (yes, I’ll be happy to handle things for you).  Addressing each in turn:

  1. Mail:  Most U.S. courts, where service is allowable by mail to begin with, allow mail service on foreign defendants only where it is not prohibited by the rules of the foreign jurisdiction.  Frankly, I’m still not a big fan of service by mail– it’s a bad idea when there are other practical methods available.
  2. Letter Rogatory:  an official request from the forum court for judicial assistance from a Jamaican court.  Costly and time consuming, this instrument really isn’t all it’s cracked up to be (see here for elaboration on what it is).  For starters, budget a $2,275 fee to the Department of State just to convey the thing.  Then anticipate several months of waiting before a response comes back through diplomatic channels.  A Letter Rogatory simply isn’t necessary to ensure that service is effected according to Jamaican law.
  3. Private process server:  Significantly faster than a Letter Rogatory, and certainly on a more solid factual footing than mail.  A Jamaican process server can ensure that local rules are followed, thus ensuring that the manner of service will not give a court cause to reject an enforcement action later.  Just make sure that the proof of service demonstrates compliance with both bodies of law– down there and here at home.

Some non-Hague jurisdictions present significant problems with service.  Jamaica is definitely not one of them— indeed, it is among the simplest places to serve, either within or outside the Hague community.


* Commonwealth procedures may govern the manner in which Canadian process should be served in Jamaica.  The author is not admitted to practice in any non-U.S. jurisdiction, so although the information presented here may be accurate, it should not be presumed to be exclusively applicable in Canadian causes of action.


You really didn’t think I’d let this post end without a picture of a bobsled, did you?

Manila– a thriving, modern metropolis. Patrickroque01 via Wikimedia Commons.

I say all the time that we’re not building rockets here.  But we are building a ship of sorts, and a leaky ship means lost cargo, and perhaps the inability to reach port.  Serving process in the Republic of the Philippines is now subject to the strictures of the Hague Service Convention, regardless of which U.S. or Canadian venue is hearing the matter.  Noting that the Foreign Ministry has yet to submit declarations to the Hague Conference on Private International Law, the following guidelines are drawn from Administrative Order No. 251-2020, by the Supreme Court of the Republic of the Philippines.

Some background is in order, if you’re so inclined, before we cut to the chase.

  • The roadmap to the overall process—the recipe to our Secret Sauce.
  • The structure of the Convention itself is discussed in this four-part series.
  • And an absolutely critical note: the Hague Service Convention does not confer coercive effect on subpoenas.  Repeat after me—you can’t just SERVE a subpoena in the Philippines and have it actually do what you want it to do.  You have to file a Letter Rogatory, which is dramatically different from serving a summons or notice.

Now, here’s how service of everything else is done…

Article 5 Service

  • Again, no declaration to Article 5(3) discusses translation, but the Supreme Court’s Order indicates that documents must be in either English or Filipino.  Your docs are in English, so game over, right?  Pack up and go home?  Not so fast, counsel… make sure your defendant speaks English, because his U.S. Due Process rights follow him, in a sense.  Anybody sued in a U.S. court must be served in a language they understand, so if they don’t speak English, translation is still necessary.
  • Fill out a USM-94. Be very careful about ensuring that it is complete and concise, and make sure that it is signed by a court official or an attorney.  If it is not, make sure that the person signing is commissioned by the court.
  • Send to the Central Authority, along with the requisite advance fee.
  • Sit tight. It may take a while from submission to return of proof.  The judge is just going to have to accept that fact, because there is no viable alternative…

Article 10 alternative methods

  • Forget them, because without any declarations to Article 10, it’s impossible to tell the forum judge with a straight face that they’re valid.  True, Article 10 says specifically that “Provided the State of destination does not object, the present Convention shall not interfere with…” those methods.  It could be argued, then, that because they haven’t expressly objected, alternatives are valid.  I wouldn’t take a chance just because a quicker & cheaper alternative* seems plausible.  There is a mechanism in place that leads to essentially bulletproof proof of service.

The Philippines’ declarations and Central Authority information—as well as those of all the other countries in the treaty—can be found here.

Seriously—that’s all there is to it in the Philippines, but don’t get excited just yet.  The method is straightforward and simple, but this is a brand new procedure for the Philippines’ courts.  Until there’s a track record, predictions are impossible.

 


* I’m looking at the mailman here.  Quick & easy is a bad idea.

St. Stephen’s Cathedral, Vienna.

I say all the time that we aren’t building rockets here.  But we are building a ship of sorts, and if the vessel is leaky, we won’t make it to port and the captain will be grumpy.  Woe be his kids who are running around town singing nonsense songs and wearing drapes.*

Do it the right way, and your journey is smooth.  Beginning September 12, 2020, serving process in Austria is subject to the strictures of the Hague Service Convention, regardless of which U.S. or Canadian venue is hearing the matter– and that looks to make things easier– and significantly cheaper– than it was before.

You’ve got three ways to go:

  1. Tap us on the shoulder for bespoke attention—and probably some amusing commentary to boot (see the upper right if you’re on a desktop, or way down below if you’re on a phone/tablet),
  2. Cruise over to the Hague Envoy platform at USM94.com to automate the completion of your forms in perhaps twenty minutes or so, or
  3. If you’re feeling froggy & would like to handle the whole thing yourself, keep reading.  This lays out the framework you’ll need.

Some background is in order, if you’re so inclined, before we cut to the chase.

  • The roadmap to the overall process—the recipe to our Secret Sauce.
  • The structure of the Convention itself is discussed in this four-part series.
  • And an absolutely critical note: the Hague Service Convention does not help with subpoenas.  Repeat after me—you can’t just SERVE a subpoena abroad, at least, not if you want it to have much effect.  Instead, you have to file a Letter Rogatory, roughly similar to a Hague Evidence Request (although Austria is not a party to the Hague Evidence Convention).  The same Cardinal Rules apply—this is dramatically different from serving a summons or notice.

Now, here’s how service is effected in Austria, noting that Austria has not fully expressed its wishes regarding certain issues arising under the treaty:

Article 5 Service

  • Translate the documents. Under the pre-Hague regime, Austria not only required a translation into German– they insisted that their own certified translators do the work.  Although the defendant may speak flawless English, omitting translated documents will prompt the Central Authority to reject your request.  (And to be sure, they may still require the work to be done in Austria, even though this arguably conflicts with the treaty.  Absent more guidance, it’s impossible to say.)
  • Fill out a USM-94. Be very careful about ensuring that it is complete and concise, and make sure that it is signed by a court official or an attorney.  If it is not, make sure that the person signing is commissioned by the court.
  • Send to the appropriate Central Authority.  In the case of Austria, it’s the Bundesministerium für Justiz (Ministry of Justice).
  • Sit tight. It may take a while—likely several months from submission to return of proof.

Article 10 alternative methods

  • Alternatives are not available, because Austria objects to Article 10 in its entirety.

Seriously—that’s all there is to it.  The method is straightforward and simple.  The declarations and Central Authority information of all the other countries in the treaty—can be found here.  Once more substantial guidance is issued, this space will be updated.

Bonus practice tip… if you’re defense counsel, always question the validity of service effected on your overseas client.  The plaintiff may not have done it correctly.


* For the uninitiated, Austria is home to the legendary Von Trapp family, the subject of one of my favorite musicals.  I don’t sense that the real Captain Von Trapp was as grouchy as Christoper Plummer made him out to be.  Until a couple of years ago, I had two mental images of Austria.  One was bucolic Salzburg “in the last golden days of the thirties”—that of the Von Trapps and The Sound of Music.

The real Georg von Trapp as a younger man. Public domain, Wiki.

The second was the snowy Vienna of Amadeus—that of footlit operas, a clownish genius in Tom Hulce’s portrayal of Mozart, and an Emperor who looked a little too much like the vice-principal from Ferris Bueller’s Day Off.

Tell me I'm wrong.
Tell me I’m wrong.

In 2015, Woman in Gold changed that… the list now includes the works of Gustav Klimt and an epic legal battle arising from the Nazis’ theft of priceless art works.  I watched the film on a transatlantic flight and was thrilled, but bemused, because the young lawyer handling the case (Ryan Reynolds) walked into Austria’s consulate in Los Angeles with his client (Helen Mirren) and served process by sliding a summons through a banker’s window to a receptionist.

Alarm bells started going off in my head, because for one thing, you shouldn’t hire Deadpool to represent you.  Not even Wade Wilson can just walk into a consulate and drop a summons on the receptionist’s desk.  The Foreign Sovereign Immunities Act says otherwise.  (To be sure, I tried to contact Randy Schoenberg, the lawyer played by Reynolds, to see how he actually did it.  No answer.  Either he did it some other way and Hollywood embellished, or defense counsel didn’t know how easy it was to get that thing kicked.)

Woman in Gold, Gutav Klimt, 1907
Woman in Gold, Gustav Klimt, 1907

In any event, a fantastic movie with a compelling story, and a stunning work of art at the center of it all.

I give you… phở, (pronounced FUH, as in “fun”)  the most amazing bowl of soup in the solar system and, coincidentally, the national dish of Vietnam. North or south, it’s amazing.  No, really– love yourself enough to eat this stuff on the regular.  Codename5281 via Wikimedia Commons.

For most of my childhood, Vietnam was considered an enemy state– run by a totalitarian regime worthy of America’s scorn.  My parents’ generation fought a brutal war there, and endured a bitter division about that war here at home.  The whole idea of Vietnam was a painful wound in our nation’s psyche.  Mercifully, that changed in 1995 when Senator John McCain (R-Ariz.), who had spent seven years as a prisoner of war in the infamous “Hanoi Hilton”, argued successfully that we should normalize relations.  It was (and remains), after all, a country filled with amazing people and a culture that goes back millennia.  [Around the time President Clinton did normalize relations that same year, I discovered my all-time favorite lunch at a great little family joint in my hometown.  See above.]  But I digress.  On to business…

Since October, 2016, serving process in Vietnam has been subject to the strictures of the Hague Service Convention, regardless of which U.S. or Canadian venue is hearing the matter.

You’ve got three ways to go:

  1. Tap us on the shoulder for bespoke attention—and probably some amusing commentary to boot (see the upper right if you’re on a desktop, or way down below if you’re on a phone/tablet),
  2. Cruise over to the Hague Envoy platform at USM94.com to automate the completion of your forms in perhaps twenty minutes or so, or
  3. If you’re feeling froggy & would like to handle the whole thing yourself, keep reading.  This lays out the framework you’ll need.

Some background is in order, if you’re so inclined, before we cut to the chase.

  • The roadmap to the overall process—the recipe to our Secret Sauce.
  • The structure of the Convention itself is discussed in this four-part series.
  • And an absolutely critical note: the Hague Service Convention does not pertain to subpoenas, at least, not with any coercive effect.  Repeat after me—you can’t just SERVE a subpoena in Vietnam.  You have to file a Letter Rogatory, roughly similar to a Hague Evidence Request (although Vietnam is not party to the Hague Evidence Convention).  The same Cardinal Rules apply—this is dramatically different from serving a summons or notice.

Now, here’s how it’s done in Vietnam:

Article 5 Service

  • Translate the documents, and provide a signed certification from the translator. Vietnam’s declaration to Article 5(3) requires it and, although the defendant may speak flawless English, omitting translated documents will prompt the Central Authority to reject your request.
  • Fill out a USM-94. Be very careful about ensuring that it is complete and concise, and make sure that it is signed by a court official or an attorney.  If it is not, make sure that the person signing is commissioned by the court.
  • Send to the Central Authority in Hanoi.
  • Sit tight. It may take a while—likely several months from submission to return of proof.

Article 10 alternative methods

  • Mail service is available, provided the delivery requires a signed receipt, but I’ve always argued that it’s a bad idea anyway for precisely that reason.  If you do select this route, pay particular attention to the venue court’s rules about how mail service is initiated—in federal cases, adhere strictly to FRCP 4(f)(2)(C)(ii).
  • Engaging “other competent persons” under Article 10(b) or 10(c)?  Nope.  Sorry.

Seriously—that’s all there is to it in Vietnam.  The method is straightforward and simple.

Vietnam’s declarations and Central Authority information—as well as those of all the other countries in the treaty—can be found here.

Bonus practice tip… if you’re defense counsel, always question the validity of service effected on your overseas client.  The plaintiff may not have done it correctly.

Valetta, Malta’s capital.
Briangotts via Wikimedia Commons.

We aren’t building rockets here.  But we are building a ship of sorts, and a leaky vessel means the cargo may not make it to its destination.  Serving process in Malta is subject to the strictures of the Hague Service Convention, regardless of which U.S. or Canadian venue is hearing the matter.  This chain of islands, a former British colony off the southern coast of Sicily, isn’t just the site of a boat race in Season 1 of The Crown.  It is also home to stunning scenery, bright sunshine, and a wonderful blend of English, Italian, and North African cultures.  Malta is a relatively new member of both the European Union and the Hague Service Convention– and service of documents is fairly straightforward.

Some background is in order, if you’re so inclined, before we cut to the chase.

  • The roadmap to the overall process—the recipe to our Secret Sauce.
  • The structure of the Convention itself is discussed in this four-part series.
  • And an absolutely critical note: the Hague Service Convention does not confer coercive effect on subpoenas.  Repeat after me—you can’t just SERVE a subpoena abroad.  At least not if you want it to work. You have to file a Hague Evidence Request.  Dramatically different from serving a summons or notice.

Here’s how service is effected in Malta:

Article 5 Service

  • Translate the documents. English is one of Malta’s official languages, so game over, right?  Pack up and go home?  Not so fast, counsel… make sure your defendant speaks English, because his U.S. Due Process rights follow him, in a sense.  Anybody sued in a U.S. court must be served in a language they understand, so if they don’t speak English, translation is still necessary.*
  • Fill out a USM-94. Be very careful about ensuring that it is complete and concise, and make sure that it is signed by a court official or an attorney.  If it is not, make sure that the person signing is commissioned by the court.
  • Send to the Central Authority.
  • Sit tight. It may take a while—perhaps several months from submission to return of proof.

Article 10 alternative methods

  • Here’s where we run into a snag.  Malta hasn’t indicated whether Article 10 methods are available or not.  My best recommendation: leave them alone, and just send to the Central Authority.  Although most countries’ declarations and Central Authority information can be found here, the only info provided for Malta is a place to send Article 5 requests.
  • Down the road, the mystery may be resolved.

That’s it.  Really all there is to service in Malta.

But a bonus practice tip… if you’re defense counsel, always question the validity of service effected on your overseas client.  The plaintiff may not have done it correctly.

Old High Court and Supreme Court, Wellington. Pear285, via Wikimedia Commons.

Just off Australia’s east coast lies a gorgeous chain of islands known today in large measure for its huge population of Elves, Orcs, and Dwarves (and one very grumpy little fellow).  Before New Zealander Peter Jackson filmed his Lord of the Rings and Hobbit trilogies, New Zealand was famous primarily for (1) the Māori Haka,* especially performed by its powerhouse All Blacks national rugby union team, and (2) sheep.  LOTS of sheep.  Oh, and then there was this guy.

New Zealand is not party to the Hague Service Convention (HSC), although it has acceded to the Hague Adoption, Apostille, and Child Abduction Conventions.  Notwithstanding its absence from the HSC, serving documents in New Zealand is relatively straightforward, owing to its status as a former British colony and current member of the Commonwealth of Nations.  It maintains a healthy common law system, so it should not be unfamiliar to American or Canadian** lawyers.

Service of U.S. (and most likely, Canadian) process can be effected (1) by mail, if permissible under forum court rules, (2) by Letter Rogatory, or (3) via private process server.  In all cases, enforcement of a judgment must be kept in mind– and it is in that light that I recommend Door #3 for just about every case that come across my desk (yes, I’ll be happy to handle things for you).  Addressing each in turn:

  1. Mail:  Most U.S. courts, where service is allowable by mail to begin with, allow mail service on foreign defendants only where it is not prohibited by the rules of the foreign jurisdiction.  New Zealand’s High Court Rules do not specifically prohibit mail service, but they also don’t specify how mail service should be effected unless a P.O. Box is involved.  Frankly, I’m still not a big fan of service by mail– it’s a bad idea when there are other practical methods available.
  2. Letter Rogatory:  an official request from the forum court for judicial assistance from a New Zealand court.  Costly and time consuming, this instrument really isn’t all it’s cracked up to be (see here for elaboration on what it is).  For starters, budget a $2,275 fee to the Department of State just to convey the thing.  Then anticipate several months of waiting before a response comes back through diplomatic channels.  A Letter Rogatory simply isn’t necessary to ensure that service is effected according to New Zealand law.
  3. Private process server:  Not incredibly costly, and certainly on a more solid factual footing than mail.  A New Zealand process server can ensure that local rules are followed, thus ensuring that the manner of service will not give a court cause to reject an enforcement action later.  Just make sure that the proof of service demonstrates compliance with both bodies of law (High Court Rules, Part 6— if you’re curious– and forum court rules).

Some non-Hague jurisdictions present significant problems with service.  New Zealand is definitely not one of them— indeed, it is among the simplest places to serve, either within or outside the Hague community.


* See my earlier post on the value of Choice of Language clauses.

** Commonwealth procedures may govern the manner in which Canadian process should be served in New Zealand.  The author is not admitted to practice in any non-U.S. jurisdiction, so although the information presented here may be accurate, it should not be presumed to be exclusively applicable in Canadian causes of action.


You really didn’t think I’d let this post end without a picture of a Hobbit Hole, did you?

Tom Hall, via Wiki.
Image by user “chaitawat“, WIkimedia Commons.

My May 18, 2018 post “How to Serve Process in China… important updates”  highlighted a pair of developments in the submission of Hague Service Convention requests to the Central Authority for the People’s Republic of China.  In short…

  1. They moved.
  2. You can’t send a fee check anymore.  Wire transfers only.

Not great news, but hopefully the post helped clear up a bit of confusiion.

Well, today I learned that the Chinese are leading the charge into the 21st century (yeah, the one we’ve been in for almost two decades) by establishing an online portal for submission of requests.  No more printing, no more FedEx or UPS delays, and no more wondering if the paperwork actually reached the right desk in Beijing. From the folks at the International Legal Cooperation Center, a unit of the Ministry of Justice in Beijing:

Dear Colleagues,

To improve the efficiency of judicial assistance in civil matters, our Ministry has developed an online Civil and Commercial Judicial Assistance System. We invite you to use this newly launched system to submit any request for judicial assistance in civil and commercial matters in the framework of Hague Service Convention, Hague Evidence Convention and bilateral treaties signed between foreign countries and China.

Please log onto www.ilcc.online, register and use.

We hope to see your requests coming onto the system very soon.

For the record, I’ve signed up but have yet to use it– I sent a couple of traditional hard copy requests over just last week– but will update this space as soon as I have a basis to comment.

And for an even more important record, other countries ought to follow China’s lead and do likewise.*


* In my original version of this column, I opined that the U.S. should especially follow China’s lead.  Turns out, we already do that, and we did it first.  ABC Legal, the company designated to process requests on behalf of the U.S. Department of Justice, provides just such an online portal.  My apologies to both for not knowing that– I don’t handle inbound requests, obviously, and I should have looked into the matter before lodging a criticism.

The Supreme Court, Manila. Aerous, via Wikimedia Commons.

UPDATE, October 1, 2020:  The Hague Service Convention has entered, so an entirely updated post can be found here.

—————————————————

UPDATE, September 7, 2020:  Because the Hague Service Convention goes into force on October 1, I suggest either a bit of patience or a bit of urgency.  They cut both ways.  As we have no practical information as yet, I can’t say what the Philippines’ preferences will be once the treaty takes effect.  What I do know is that its application will be mandatory as of that date, it nobody can say as yet whether Article 10 will be available.  We also can’t say whether translation (likely into Tagalog) will be required.  Either hurry up and get it done via an agent, or wait to serve via the Office of the (Supreme) Court Administrator under Article 5.  Oh, and do the translation, just to be safe.

—————————————————

Watch this space for updates… nothing really to say just yet, as I usually just advise clients to serve by mail if their defendants are in the Republic of the Philippines.  There’s currently no treaty in force, Letters Rogatory take seemingly forever, and I have yet to find a private agent or law firm there who (1) understands fully what I seek, (2) is willing to take the project on for less than an outrageous fee, and (3) I trust to actually do what needs to be done.*  Remember that old lawyers’ saying “you want good, cheap, and fast… pick two of those.”  That’s pretty much been my approach to service in the Philippines for the past five years.

But the official Philippines News Agency made a significant announcement today:

The Philippines will soon accede to the Hague Service Convention, a treaty that simplifies the process of serving court documents on parties living in another state, Foreign Affairs Undersecretary Eduardo Malaya bared  (sic) Thursday.

This is tremendous news, especially for the many individual litigants whose attorneys contact me for service in divorce actions, but also for the many business owners involved in disputes with Philippine parties.  I don’t see any indications as yet whether the Republic will object to Article 10 and its alternative methods, but this space will be updated as soon as the answers to that question and others are made available.

Stay tuned.

UPDATE:  The Philippines acceded to the Convention effective March 4, 2020, but it does not enter into force until October 1, 2020.  Aside from Central Authority information, the Hague Conference website still lacks additional information as to the Philippines’ views on the treaty.

Still.. stay tuned.


* The Department of State offers that “service of process in the Philippines may be effected by mail, by agent, such as a local attorney, or through letters rogatory.  Litigants may wish to consult an attorney in the Philippines before pursuing a particular method of service of process, particularly if enforcement of a U.S. judgment is contemplated in the future.”  Enforcement is right at the top of my list of concerns where a litigator chooses a simplistic means of service– particularly mail, which I generally recommend against— but in the Philippines, it’s usually the only realistic method.