Seriously. It doesn’t exist.
At least, not in the common law world. Continue Reading There is no such thing as informal service.
There is no such thing as informal service.
Hague Service Convention proof supersedes local rules.
[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.
Home address… just get it (if you can).
“The defendant works at…”
Hmm. Do you happen to have a home address?
“No, just his office.”
Let’s hope he’s there. And that we can get in the door…
That exchange happens between lawyers and process servers daily. And it’s a challenge, because defendants can’t be served by substitution at their place of business.* Continue Reading Home address… just get it (if you can).
Go federal at the outset.
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.
Big Announcement: Hague Service Request Automation
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 trust us to handle their Hague Service Requests from start to finish. Many of them find us through the Hague Law Blog, the readers of which usually fall into one of three categories: Continue Reading Big Announcement: Hague Service Request Automation
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, if you’re using private agent service in a country that would enforce the seal. But Article 5 service via a Central Authority? In a word, fugghetaboutit. Once this thing goes overseas, all bets are off. Continue Reading Hague service and documents under seal.
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 who have escaped the frigid northern winter. And lots of tour packages… which naturally leads to lots of litigation.
Jamaica is not party to the Hague Service Convention (HSC), although it has acceded to the Hague Apostille and Child Abduction Conventions. Notwithstanding its absence from the HSC, serving documents in Jamaica is relatively straightforward, owing to its status as a former British colony and current member of the Commonwealth of Nations. It maintains a healthy common law system, so it should not be unfamiliar to American or Canadian* lawyers. Continue Reading How to Serve Process in Jamaica
Subpoena: both a sword and a shield.
Back when dinosaurs roamed the earth, I took Civil Procedure from a couple of highly talented professors. One was among my favorite teachers of all time— he taught the concept of joinder with a shopping bag full of Beanie Babies™ and, for some baffling reason, a Jessie the Cowgirl™ doll from Toy Story 2.* On the surface, that’s a very weird thing for a licensed attorney to put into a blog post, but the fact is, generations of JD’s from the University of Missouri-Kansas City know joinder cold because of Jeffrey Berman’s frequent flier card at Toys ‘R’ Us. Third-party claims, cross-claims, counterclaims? Yeah, we got this.
That said, due to the compressed nature of that semester, and the reality that you just can’t learn everything you need to know as a 1L, we never really touched on certain basic concepts. Like “how do you serve process?” or “why is the judge such a grumpy gus and how do I assuage his ire?” or “is it too late to get my LSAT fee back?” Continue Reading Subpoena: both a sword and a shield.
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 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.
Sorry, court clerks—you don’t have the authority to review translations.
A new quandary popped up for me recently, one that I hope is just a matter of a stressed-out government employee* who’s been dealing with a lot over the past two years. Last month, a client called me because he needed to serve a defendant in Sweden. No problem, said I, as long as you have a valid address, we should be good to go. He engaged me, and we were just about ready to rock & roll with the Hague Request, but before I pulled the trigger on the translation, I said I needed an issued summons. No dice, said he. He had been told by the court clerk that he had to submit the translated version of the complaint before a summons would be issued.
Um, huh? Wha… ?
Continue Reading Sorry, court clerks—you don’t have the authority to review translations.