Since the late 1800s, states have used treaties to simplify the process of cross-border litigation. The Hague Conference on Private International Law has promulgated dozens of such conventions. Major Hague treaties to which the United States is a party address such issues as service of process, discovery and evidence gathering, the certification of public records, and family law issues like divorce, custody, and child support. The United States has also signed but not yet ratified two recent Hague treaties: the 2005 Choice of Court Convention and the 2019 Judgments Convention. The United States is also party to many Mutual Legal Assistance Treaties, which generally apply only to criminal cases.
A Primer on Judicial Assistance Treaties
[This post is one in a series of primers on various topics in transnational litigation. More primers can be found on our topic pages, accessible by clicking Topics at the top of the page.] In transnational litigation it will often be necessary to do something within the territory of another state, such as serve process,…
Continue ReadingThe Impossibility of Serving Russian Defendants
The Hague Service Convention is a blessing and a curse. By obligating each country that has joined to designate a Central Authority for effectuating service of process on defendants within its territory, the Convention provides a means of service that respects foreign sovereignty, complies with federal rules, and helps ensure the enforceability of resulting judgments….
Continue ReadingA Primer on Transnational Discovery
Discovery is a formal process in which each party gathers information relevant to its case. Transnational discovery may be necessary to obtain information located abroad for use in U.S. courts or to obtain information located in the United States for use in foreign courts. As a general matter, courts may order parties subject to their…
Continue ReadingA Primer on Service of Process
Serving process on a defendant does two things: (1) it asserts the court’s authority over the defendant; and (2) it provides the defendant with notice of the lawsuit. In the United States, process can be served by private parties. But many foreign states regard service as a public act that can be done only by…
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