30Jan
By: Katherine On: January 30, 2018 In: Evidence Taking Comments: 0

The answer to this question, like any associated with international service of process and evidence taking, is complex and varies among different countries. This is because the Convention requires the Hague Request to defer to the laws and procedural norms of the State in which they are to be executed.

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04Jan
By: Guest On: January 4, 2018 In: Evidence Taking Comments: 0

The Hague Evidence Convention is considered to provide an additional means by which the parties may collect evidence abroad. However, from the German perspective, the use of the Hague Evidence Convention is mandatory with respect to evidence taken in Germany for foreign proceedings.

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06Nov

Determine whether service of process was properly effected on your client via the Hague Service Convention.

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17Oct
By: Tom & Karina On: October 17, 2017 In: Evidence Taking Comments: 0

Is a voluntary deposition of a willing witness in your client's best interest?

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08Aug
By: Tom & Karina On: August 8, 2017 In: Evidence Taking, International Litigation Comments: 0

Is it possible to gain access to evidence located in Russia? The short answer is yes if a request for judicial assistance from a court in Russia is made and granted, but the devil is in the details of such requests.

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01Aug

If the nation-state is on its way out, is it time for international law attorneys to rethink international service of process?

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26Jul

Attorneys tend to think that the international service of a subpoena is analogous to international service of process. In reality, though, the two are quite different.

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18Jul

Legal Language Services and other Hague Convention member countries have noticed that the time required to effect service of process in China via the Chinese Central Authority has substantially increased in the last six to nine months and currently is in excess of a year.

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14Jul
By: Tom & Karina On: July 14, 2017 In: International Litigation, Service of Process Comments: 0

A not uncommon issue arising with international service of process under the Hague Service Convention is what an attorney should do when a Central Authority or foreign court rejects service upon a defendant. In re Takata, MDL No. 2599 (S.D. Fla. 2017), the special master appointed to review this...

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05Jun

Most federal courts require plaintiffs to attempt service via the Treaty before the courts are willing to authorize service by other means. But a recent judicial order makes it clear that Rule 4 is not explicitly hierarchical.

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