Since the beginning, the primary purpose of this blog has been to educate the practicing bar on the practical application of the Hague Service Convention. While we’re happy to give away the recipe to the Special Sauce (there’s no secret about this stuff, really), we’ve been lucky to have a whole bunch of great people
Hague service and documents under seal.
Yet another “FAQ” post, if you will…
“Hey, Aaron, the complaint is under seal, and the judge has ordered me to instruct the process server that he’s under the same obligation as I am.”
I respond: Well, that’s all fine and good,
How to Serve Process in Jamaica
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
No, the U.S. court doesn’t get to appoint a process server overseas.
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
Certified copies? Nope. Not needed.
Client queries: “hey, Aaron, the clerk says the Hague Service Convention requires certified copies of the Summons and Complaint and something called an Apostille. Where do I get that?”
I get some variant
Governing law: WHAT gets served, and HOW it gets served.
The most common question I get, aside from “how much is this going to cost?” and “how long will this take?” is this:
“What does the Hague Service Convention require me to serve?”
The quick answer: nothing.
No, really. The Convention doesn’t require service of anything in particular– it’s a roadmap, rather than a
Hague Service means different things in different places.
“They tell me I have to serve through The Hague.”
I hear that phrase at least three or four times a month, and while I forego the
Motion to Extend? Don’t do it.
[Author’s Note: this applies to federal practice!]
Another quirk comes across my desk now and again that seems, on the surface, to be fairly prophylactic. Realizing that the Hague Request I filed in China months ago will take a while longer to come back, my client petitions the
Only serve what is REQUIRED.
[UPDATE, December 17, 2020… a follow-up/parallel post, Serve EVERYTHING that’s required.]
This practice gives me a chance to work with some great
You may know before I do.
Here’s the progression of events when we file a request for service under Article 5 of the Hague Service Convention:
- Have the documents translated into the language required by the destination country (or as necessary under the defendant’s right to due process).
- Fill out the Request (the vaunted Form USM-94 in U.S. practice).
- Send