“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
Hague Service means different things in different places.
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
Statutory agents for foreign defendants? Hague Service could still be cheaper.
A slew of cases have come across my desk lately, involving plaintiff attorneys who have ostensibly already served foreign* defendants via statutory agents in the forum state. After plaintiff’s counsel spends several thousand dollars to defeat a motion to
How to Serve Process in the Philippines beginning October 1, 2020
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
Keeping Translation Costs Down, Part Three
Last month, I posted that, yes, foreign authorities actually read translated documents— and if
How to Serve Process in Austria (beginning September 12, 2020)
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
Guess what– you still can’t serve via a subsidiary (unless…)
Way back in March, 2017, I posted a blurb about the limitations on serving offshore parent companies via their U.S. subsidiaries. In short, I argue, you can’t simply serve a U.S. subsidiary and call it effective on the foreign parent. You have to have a compelling reason to pierce the corporate veil.
This is basic
Yeah, buddy, they do check translations.
Hague Service Convention requests constitute 99% of my practice– that’s a literal statistic.* Easily half of them are sent to