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Hague Convention Service

Hague Convention Service. Michael Atkins Atkins Intellectual Property, PLLC October 25, 2012. The issue. Commencing an action File complaint (Rule 3) Joining defendant Serve summons (Rule 4) No default without proof of service (Local Rule 55(a))

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Hague Convention Service

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  1. Hague Convention Service Michael Atkins Atkins Intellectual Property, PLLCOctober 25, 2012

  2. The issue • Commencing an action • File complaint (Rule 3) • Joining defendant • Serve summons (Rule 4) • No default without proof of service (Local Rule 55(a)) • 120-day rule (Rule 4(m)) does not apply to service on foreign defendant, but service still required

  3. Authority for Effecting Service Abroad • Rule 4(f) • “Unless federal law provides otherwise, an individual … may be served at a place not within any judicial district of the United States: • By any internationally agreed means that is reasonably calculated to give notice, such as those authorized by the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents”

  4. Hague Convention Highlights • Effective November 15, 1965 • Intended to simplify service • Send documents to foreign government’s “central authority” • Request + summary of documents to be served + certificate of service • Two copies of the documents to be served in English • Two copies of the documents to be served in defendant’s language (usually)

  5. Hague Convention Highlights • Central authority sends to local court, which arranges for service, often by police • Central authority may refuse service only if service would infringe sovereignty or security

  6. Hague Convention Highlights • Default • Plaintiff may obtain default if it effects Hague service and defendant does not appear • Court may enter default judgment even if central authority does not provide certificate of service if: • Plaintiff properly transmitted document • At least six months have passed • Plaintiff has made reasonable efforts to obtain certificate of service

  7. Hague Signatories • Many countries, including: • Canada • China • Many European countries • Japan • Mexico • Korea • United Kingdom • Russia … or not?

  8. Hague Tips • It can take a long time – at least six months • Consider telling court • Central authority isn’t only means of service. Hague Convention does not rule out: • Service by mail • Personal service • But service must be legal in foreign jurisdiction, and proving effective service may be difficult • Get help • International process server • Lawyer in foreign jurisdiction

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