Flag of Portugal at the Castelo de São Jorge in Lisbon. Berthold Werner via Wikimedia Commons.

Portugal is erroneously considered the “little brother” of the bigger country next to it on the Iberian Peninsula.    It has its own culture, its own language, and one heck of a lot more progressive recent history than its neighbor-who-shall-not-be-named.*  At one time, it was a global colonial power, and it counts some of the 16th century’s greatest explorers among its sons.   Pertinent to litigators today, serving process in Portugal is subject to the strictures of the Hague Service Convention, regardless of which U.S. or Canadian venue is hearing the matter.  Continue Reading How to Serve Process in Portugal

Quite possibly the coolest national flag in the western hemisphere.  After all, Maserati apparently adopted in for its logo

We aren’t building rockets here.  But we are building a ship of sorts, and a leaky hull means the cruise ship might not get you to that cabana sheltered rum drink you’ve been craving.  Serving process in the Barbados is subject to the strictures of the Hague Service Convention, regardless of which venue is hearing the matter. Continue Reading How to Serve Process in Barbados

Ministry of Justice, Warsaw. Adrian Grycuk, via Wikimedia Commons.

I say all the time that we aren’t building rockets here.  But we are building a ship, of sorts, and a leaky ship means that people could not possibly reach North America from Europe.  A whole bunch of immigrants from Poland actually did reach North America over the past centuries, and they enriched our culture in a host of different ways– even making Chicago the second-largest Polish city (at least, at one time).  With so many family ties to the old country, it’s no surprise that litigation pops up now and again, which means attention must be paid to doing things right.

Serving process in Poland is subject to the strictures of the Hague Service Convention. Continue Reading How to Serve Process in Poland

The Mortuary Temple of Hatshepsut, Thebes. Vyacheslav Argenberg via Wikimedia Commons.

Nope.  We’re not building rockets here.  But we are building a ship of sorts, and a leaky vessel means the cargo may not make it to its destination.  Likewise, service of process in foreign countries must be undertaken in a very particular way, lest a judgment be thrown out later (or never won at all).  Serving process in Egypt is subject to the strictures of the Hague Service Convention, regardless of which U.S. or Canadian venue is hearing the matter.  Continue Reading How to Serve Process in Egypt (updated 2023)

Ocho Rios, Standish77 via Wikimedia Commons

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

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.  As of October 1, 2020, serving process in the Republic of the Philippines is subject to the strictures of the Hague Service Convention, regardless of which U.S. or Canadian venue is hearing the matter. Continue Reading How to Serve Process in the Philippines (updated 2024)

St. Stephen’s Cathedral, Vienna.

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 grumpy.  Woe be his kids who are running around town singing nonsense songs and wearing drapes.*

Do it the right way, and your journey is smooth.  Serving process in Austria is subject to the strictures of the Hague Service Convention, regardless of which U.S. or Canadian venue is hearing the matter– and that looks to make things easier– and significantly cheaper– than it was before.

Continue Reading How to Serve Process in Austria (updated 2023)

I give you… phở, (pronounced FUH, as in “fun”)  the most amazing bowl of soup in the solar system and, coincidentally, the national dish of Vietnam. North or south, it’s amazing.  No, really– love yourself enough to eat this stuff on the regular.  Codename5281 via Wikimedia Commons.

For most of my childhood, Vietnam was considered an enemy state– run by a totalitarian regime worthy of America’s scorn.  My parents’ generation fought a brutal war there, and endured a bitter division about that war here at home.  The whole idea of Vietnam was a painful wound in our nation’s psyche.  Mercifully, that changed in 1995 when Senator John McCain (R-Ariz.), who had spent seven years as a prisoner of war in the infamous “Hanoi Hilton”, argued successfully that we should normalize relations.  It was (and remains), after all, a country filled with amazing people and a culture that goes back millennia.  [Around the time President Clinton did normalize relations that same year, I discovered my all-time favorite lunch at a great little family joint in my hometown.  See above.]  But I digress.  On to business…

Since October, 2016, serving process in Vietnam has been subject to the strictures of the Hague Service Convention, regardless of which U.S. or Canadian venue is hearing the matter.

You’ve got three ways to go:

  1. Tap us on the shoulder for bespoke attention—and probably some amusing commentary to boot (see the upper right if you’re on a desktop, or way down below if you’re on a phone/tablet),
  2. Cruise over to the Hague Envoy platform at USM94.com to automate the completion of your forms in perhaps twenty minutes or so, or
  3. If you’re feeling froggy & would like to handle the whole thing yourself, keep reading.  This lays out the framework you’ll need.

Some background is in order, if you’re so inclined, before we cut to the chase.

  • The roadmap to the overall process—the recipe to our Secret Sauce.
  • The structure of the Convention itself is discussed in this four-part series.
  • And an absolutely critical note: the Hague Service Convention does not pertain to subpoenas, at least, not with any coercive effect.  Repeat after me—you can’t just SERVE a subpoena in Vietnam.  You have to file a Letter Rogatory, roughly similar to a Hague Evidence Request (although Vietnam is not party to the Hague Evidence Convention).  The same Cardinal Rules apply—this is dramatically different from serving a summons or notice.

Now, here’s how it’s done in Vietnam:

Article 5 Service

  • Translate the documents, and provide a signed certification from the translator. Vietnam’s declaration to Article 5(3) requires it and, although the defendant may speak flawless English, omitting translated documents will prompt the Central Authority to reject your request.
  • Fill out a USM-94. Be very careful about ensuring that it is complete and concise, and make sure that it is signed by a court official or an attorney.  If it is not, make sure that the person signing is commissioned by the court.
  • Send to the Central Authority in Hanoi.
  • Sit tight. It may take a while—likely several months from submission to return of proof.

Article 10 alternative methods

  • Mail service is available, provided the delivery requires a signed receipt, but I’ve always argued that it’s a bad idea anyway for precisely that reason.  If you do select this route, pay particular attention to the venue court’s rules about how mail service is initiated—in federal cases, adhere strictly to FRCP 4(f)(2)(C)(ii).
  • Engaging “other competent persons” under Article 10(b) or 10(c)?  Nope.  Sorry.

Seriously—that’s all there is to it in Vietnam.  The method is straightforward and simple.

Vietnam’s declarations and Central Authority information can be found here.

Bonus practice tip… if you’re defense counsel, always question the validity of service effected on your overseas client.  The plaintiff may not have done it correctly.

Valetta, Malta’s capital.
Briangotts via Wikimedia Commons.

We aren’t building rockets here.  But we are building a ship of sorts, and a leaky vessel means the cargo may not make it to its destination.  Serving process in Malta is subject to the strictures of the Hague Service Convention, regardless of which U.S. or Canadian venue is hearing the matter.  This chain of islands, a former British colony off the southern coast of Sicily, isn’t just the site of a boat race in Season 1 of The Crown.  It is also home to stunning scenery, bright sunshine, and a wonderful blend of English, Italian, and North African cultures.  Malta is a relatively new member of both the European Union and the Hague Service Convention– and service of documents is fairly straightforward.  Continue Reading How to Serve Process in Malta (updated 2023)

Old High Court and Supreme Court, Wellington. Pear285, via Wikimedia Commons.

Just off Australia’s east coast lies a gorgeous chain of islands known today in large measure for its huge population of Elves, Orcs, and Dwarves (and one very grumpy little fellow).  Before New Zealander Peter Jackson filmed his Lord of the Rings and Hobbit trilogies, New Zealand was famous primarily for (1) the Māori Haka,* especially performed by its powerhouse All Blacks national rugby union team, and (2) sheep.  LOTS of sheep.  Oh, and then there was this guyContinue Reading How to Serve Process in New Zealand