Although the hundreds of legal systems in the world differ greatly, their roots and differences can be traced to two distinct sources: the English common law, which has evolved over a millennium, and the Napoleonic Code, which dawned at the turn of the 19th century.
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In many civil law systems, particularly in continental Europe, service of process is most commonly carried out by special officers of local courts. The French Huissier de Justice and Dutch Gerechtsdeurwaarder are respected members of the legal profession in France, Luxembourg, Belgium, the Netherlands and Québec.
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Imagine a scenario where a plaintiff vacationing at a Jamaican resort is seriously injured by a scuba diving mask which is manufactured and sold by a company in Switzerland, and also contains an allegedly defective part supplied by an Austrian manufacturer.
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Litigation of mass torts or product liability claims often have an international component, as one or more of the defendants involved may be outside the US.
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In federal lawsuits, FRCP Rule 4(m) requires that process be served on a defendant within 120 days. But, these deadlines are not carved in stone.
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Your client has a valid claim for damages, you have assembled a winning case, and you are ready to proceed with a suit. The first step is filing the complaint. The second: serving a summons on the defendant.
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In January 2013, the US District Court for the District of Columbia dismissed a claim against the Organization of Petroleum Exporting Countries (OPEC), which alleged, among other things, that the multinational oil cartel had fixed prices in contravention of the Sherman and Clayton Antitrust Acts.
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Service of US process upon foreign defendants must meet certain requirements. If requisite standards are not met, a foreign defendant may be able to successfully challenge the service.
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Are you aware that there is a growing trend that would allow service of process through social media? At first blush, this may seem like a fast and easy solution to serving defendants, but such measures could be very problematic in the US, and may be impossible in international litigation...
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Service of process upon military personnel overseas is tortured by complications. Find out why.
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