Judicial Assistance Treaties

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,…

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