We aren’t building rockets here. But we are building a canoe of sorts, and a leaky canoe means you won’t make it upriver to see the big hockey game, eh? Serving U.S. process in Canada is subject to the strictures of the Hague Service Convention,
CRITICAL to note at the outset:
You’ve served the complaint on all of your defendants, they’ve entered their appearances, and everybody is girded up for battle. Discovery commences. In one of your depositions, you learn that one of the defendants was somehow selling a knock-off of your client’s product through a German distributor, and you are convinced that somewhere in that
You’ve served the complaint on all of your defendants, they’ve entered their appearances, and everybody is girded up for battle. Discovery commences. In one of your depositions, you learn that one of the defendants was somehow involved in a business arrangement with a French entity, and you are convinced that somewhere in that company’s vast
Here is yet another post in our “How to Avoid Having to Hire Us” series. Depending on your perspective, though, it could be viewed as “How to Recover the Fees You Pay Us” instead.
Frankly, I prefer the latter. In this installment, we explore how to get the defendant to waive service or, looking at
A couple of years ago, I ran into a law school classmate at a happy hour hosted by our local bar association. “Hey, you handle service of process in other countries, right?” Yeah, I answered. Quite a bit of Hague Service Convention stuff.
“Great. Let me ask you a question…”
He was handling
This can most fairly be categorized under “how to not have to hire Viking Advocates”, but here’s a great practice tip:
If a cooperative defendant is outside the United States, don’t have them accept service. Instead, have them waive service.
I’ll grant you, this is a distinction that only a lawyer could love, but it
U.S. Marshals Form 94, the much-feared Hague Service Request. It’s just a form to fill out, not unlike a tax return simpler to complete than a Letter Rogatory.
This is the proper form for Article 5 of the Hague Service Convention, so if that isn’t your treaty, move along, because these aren’t the droids you’re looking for.
Continue Reading How to Complete a Form USM-94 Hague Service Request (2024 update)
Ours is a small community, this group of lawyers who pay attention to Hague Service Convention cases.* Last Friday, a big one came down the pike: the Supreme Court has granted Certiorari in Water Splash, Inc. v. Menon, a Texas case in which a defendant was served by mail in Quebec. Now, Canada doesn’t
My parents divorced around the time I finished high school.* The court ordered Dad to provide support to Mom for both me and my sister as long as we were full time students, even in college. I finished my bachelor’s degree about the same time my sister finished high school, and the old man decided
