Aaron's Rants

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What did you just say, Mister Data?

Very regularly, clients will email me a batch of documents to have served on an offshore defendant and my staff* and I will get to work putting the paperwork together.  Occasionally, a document will jump off the screen at me and make me scratch my head in wonder.
Continue Reading Hague defendants do not warrant special summonses.

Cherry. Nothing else comes close to such awesomeness.  Maybe Lime in a pinch.

Back in law school, I was always befuddled by those gunner types who insisted that no legal argument could be made without a case citation. The professor would ask a question and these guys (I use that in the non-gender-exclusive sense) would go thumbing through their casebooks and brief notes to find just the right response, because they’d swallowed too much law review Kool-Aid.

Meanwhile, we of the nuts & bolts persuasion (read: 50th percentile performers) would pull up a browser page and have an answer from Google far more quickly.
Continue Reading Yes, counsel, you can use Google as a *starting* point. Wikipedia, too.

L. Leonard Ruben District Court Building, Silver Spring, Md.  Farragutful, via Wikimedia Commons.

[Update, August 2025:  Michigan is a special situation, outlined here.]

A while back, I wrote that removing the self-expiration language in a standard bankruptcy summons is imperative when serving overseas defendants in adversary proceedings.  I’ve used that post on several occasions to advise litigators in various state venues to do likewise, where the documents contain text like “This summons is effective for service only if served within 30 days after the date it  is issued.”

The same basic logic applies:

If the summons expires by its own terms before we can reasonably expect a foreign authority to get the thing served, we’re wasting everybody’s time– especially the clerk’s office.

Continue Reading Modify State Court Summons Deadlines. Just do it.

Brandon Grasley via Wikimedia Commons.

[Details have been changed to protect the innocent.  Some variant of this story happens routinely— at least every couple of months.]

A few weeks ago, I received a Hague Certificate following a request that I’d sent on a client’s behalf to a foreign Central Authority. Essentially, it said, hey, Aaron, thanks for playing– we served your defendant on February 30th, so go get ’em.  My client filed it in fairly short order and all seemed to be well.*

Opposing Counsel filed a responsive motion, asking the court to reject the proof provided by the foreign Central Authority, insisting that only an affidavit would do, and that the Hague Certificate that we’d filed was insufficient under the Federal Rules of Civil Procedure.  O.C. cited Rule 4(l)(1), which is crystal clear that an affidavit is required to demonstrate proper service.

(l) Proving Service.

(1) Affidavit Required. Unless service is waived, proof of service must be made to the court. Except for service by a United States marshal or deputy marshal, proof must be by the server’s affidavit.

It’s crystal clear if you stop reading there.Continue Reading Hague Service Convention proof supersedes local rules.

Federal Courthouse, Sioux City, Iowa. I worked in that building for three years back in the Ice Age. (GSA Image)

Y’all, if you know you’re going to be removed, just initiate the case in federal court to begin with.  It’ll save everybody involved a whole bunch of time and headache.

Lots of plaintiffs’ lawyers gasp when I say that.  They look at me like I have three heads.

  • “Are you nuts?”
  • “Oh, you’re a comedian now?”
  • “Clearly, you’re an idiot.”

I certainly understand why they react that way. 
Continue Reading Go federal at the outset.

The old Jackson County Courthouse, Independence, Missouri.  We don’t use it anymore, and Independence isn’t the county seat anymore.  MT Images via Wikimedia Commons.

A routine question from clients across the continent– especially those in my own state*:  “Hey, Aaron, the clerk says I have to tell the court who is going to be serving the documents in China or they won’t issue my summons.  Could you get me the process server’s name and qualifications so they can appoint him?”

There’s a lot loaded into that, with some compelling responses.  The primary response: No… you and I don’t get to know that. 
Continue Reading No, the U.S. court doesn’t get to appoint a process server overseas.