It’s pretty routine that a client (always someone from a law firm– lawyer, paralegal, or assistant) asks “okay, Aaron, what documents do you need to serve these guys?”
My response is always, “you tell
The Hague Service Convention: How– not What.
Removal and the Timing of Hague Service Convention Requests, Real World
Bloggers follow other bloggers, especially in the world of law, and
The Hague Certificate… all the proof you need.
A few weeks ago, I posted a bit of clarification as to the proof form used by foreign Central Authorities to satisfy Article 6 of the Hague Service Convention (see The Hague Service Certificate… Not Necessarily On The Form You Provide and also The Hague Certificate… it’s already in English). When we send a
Civ Pro for 4L’s: the Mullane standard and service abroad
A bit of 4L stuff here– the stuff they never mentioned in law school because it was so basic as to be assumed [ahem, we all know what assumptions do].
Your
How to Serve Process in China… important updates.
Our handy-dandy “How to Serve Process in China” guide has been posted for quite some time. Pretty straightforward stuff, given that the Chinese declarations to the Hague Service Convention eliminate Article 10’s alternative methods from the equation. There’s only one way to get
Modify Bankruptcy Summons Deadlines. Just do it.
This is a reboot of a post from last year, but it bears repeating: summonses in bankruptcy adversarial proceedings must be modified if they are to be served on a defendant located abroad. Not should. MUST.
The Rules of Bankruptcy Procedure govern how to manage an adversarial proceeding in Bankruptcy Court. Perfectly logical.
Dropping docs on a desk at the Consulate… not effective, counsel.
Here we go again. Every few weeks, somewhere in these 50 states, a case gets dismissed for lack of proper service on a foreign sovereign (or foreign state instrumentality). There’s not a single rule, statute, or customary practice that ought to tell a plaintiff that
Thirty Years of Schlunk
Thirty years ago today, the Nine Wise Souls heard oral arguments in the seminal case, the kingpin-opinion, the granddaddy precedent, in what I do. Volkswagenwerk Aktiengesellschaft v. Schlunk, (opinion issued that June, and available at 486 U.S. 694) involved a wrongful death suit against the German automaker and its U.S. subsidiary. The plaintiff, whose
The Hague Service Certificate… not necessarily on the form you provide.
What has become known in the United States as a Form USM-94 is a four-page document: (1) the Request for Service Pursuant to the Hague Service Convention, (2) a blank Certificate of Service, (3) a “Notice” or “Warning” — essentially, a cover page for the defendant’s benefit (which name it carries is
Motions for Issuance of Letters Rogatory… a little like asking Mom to sign a permission slip.
Jimmy Sellers was my best friend in the sixth grade– and best man when Peggy and I got married. We never went to an art museum in 1982. [This is how we would have forged the thing. Both of our moms were NCO wives, so we would have gotten smacked. Hard.]