In the best of all possible worlds, a plaintiff will have a document authored by the defendant containing the defendant’s contact information. But often this is not the case.

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Can private parties contract away formal service of process? A recent case examines this question.

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Tunisia is the newest signatory to the Hague Service Convention. Tunisia joins just five other African countries as members of the Hague Service Convention.

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By: Tom On: November 6, 2017 In: Hague Service Convention, International Service of Process Comments: 0

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

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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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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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By: Tom On: December 19, 2016 In: Hague Service Convention, International Service of Process Comments: 0

Every four to five years, the Hague Conference on Private International Law convenes a Special Commission Meeting to review issues associated with the practical operation of the Hague Service and Evidence Conventions.

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