Service of Process
Service of process both provides a defendant with notice of a lawsuit and asserts the court’s authority over the defendant. Proper service is necessary to obtain a judgment that will be recognized in other jurisdictions. In the United States, service can be accomplished through private parties. Many foreign states, however, regard service as a public act that can only be effectuated by government officials. That difficulty is addressed by the Hague Service Convention, to which the United States is a party and with which compliance is mandatory when a case falls within its scope.
Federal Rule of Civil Procedure 4(f), which incorporates the Convention, explains how to serve defendants in federal cases when they are located outside the United States.
A 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…Continue Reading
The 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 Reading
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 Reading
Seeking Second Circuit Review of Service in Smart Study
The plaintiff in Smart Study has attempted to appeal Judge Woods’ careful decision concluding that the Hague Service Convention does not permit service by email.Continue Reading