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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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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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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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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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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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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The single provision of the Hague Service Convention most litigated by US attorneys is service of process upon foreign defendants by mail. Hundreds of cases have dealt with the propriety of mail service resulting in a variety of holdings and a clear circuit split.
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SCOTUS recently ruled that in order to trigger FSIA’s expropriation exception to jurisdiction, a violation of international law is necessary.
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Whether your litigation is ultimately successful may turn on whether service of the originating process is properly effected and whether you are able to secure needed evidence located overseas. After 30 years of experience, LLS has compiled ten tips for successful cross border litigation.
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In the US, the Hague Convention’s use of the word “send” rather than “serve” almost immediately created a split in the Circuit Courts over whether documents “sent” via article 10(a) to a foreign defendant constituted valid service of originating process.
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