31May
By: Tom On: May 31, 2018 In: Evidence Taking, In Court, International Litigation Comments: 0

The HEC clearly contemplates that judicial assistance is to be provide for documentary and testimonial evidence. But does the HEC contemplate judicial assistance for obtaining physical evidence?

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22May

In 2017, a Supreme Court opinion made some believe that international service of process by mail was a good idea. But as a recent case demonstrates, proving ISOP by mail was proper can be difficult.

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09May

Although the Russian Federation is a signatory to the Hague Service Convention, service of process from the United States to Russia does not occur pursuant the Convention.

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10Apr

When serving a foreign manufacturer, always issue service of process directly pursuant to the Hague Service Convention, Inter-American Convention on Letters Rogatory, or via an old-fashioned Letter Rogatory, unless you are certain the entity being served is a wholly-owned subsidiary.

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21Mar

When dealing with international service of process, attorneys should be cognizant of the different rules regarding waiver of service by defendants.

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30Jan
By: Katherine On: January 30, 2018 In: Evidence Taking, International Litigation 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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08Aug
By: Tom 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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14Jul

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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