If you have to file a lawsuit against a banking institution or any other financial institution, it is critical that you follow the established procedure for proper and effective service of process. If you fail to follow the requirements your case could be delayed or even dismissed. Doing so, however, is not so simple. The…
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Serving California Divorce Papers in Canada: International Service of Process
/in Hague Convention, International, international service/by Joe MiragliaWhat do you do if you are filing for divorce in California, but your spouse lives in Canada? In short, you will need to serve the California divorce papers on your spouse in Canada through international service of process. Why? For the California divorce court to have full power and authority to issue Orders with…
Serving a Defendant Abroad? Three Common International Service Problems
/in Hague Convention, Inter-American, International, international service/by Joe MiragliaIssues with international service of process can cause significant headaches for the plaintiff trying to pursue a lawsuit against an overseas defendant. International service of process is particularly important when it comes to collecting a judgment issued by a domestic court against a foreign defendant. Below are the three biggest issues that come up when…
Service of Process at the Vatican City
/in Hague Convention, International, international service/by Joe MiragliaThe Catholic Church has had several lawsuits filed against it around the world by victims of alleged sexual abuse by the clergy. Attorneys representing survivors have filed claims against the Vatican and argue that the Holy See has benefited from the support of archbishops, parishioners, and others who knew of the abuse and yet actively…
Head of Catholic Church Calls for End to Anti-LGBTQ+ Laws
/in Hague Convention, International, international service/by Joe MiragliaPope Francis recently criticized laws as unjust that make homosexuality criminal, according to a recent report by The Guardian. The head of the Holy See further noted that God loves all people as they are and called on Catholic bishops to welcome LGBTQ+ into their churches. The Pope acknowledged that some Catholic bishops around the…
Hague Convention Guides Germany’s Amendments on Pre-Trial Discovery
/in Hague Convention, International, international service/by Joe MiragliaGermany Stops Prohibiting Pre-Trial Discovery Under Hague Convention It is no secret that when it comes to international law, judicial power ends at the country’s borders. As a result, courts need help from foreign courts when a party is seeking discovery outside of its jurisdiction. German courts used to flat-out refuse to execute a pre-trial…
Serving Divorce Papers in Mexico
/in Hague Convention, international service, Process Server/by Elizabeth GalloServing divorce papers in Mexico can be a complex process that requires a thorough understanding of Mexican law and the country’s legal system. The following steps will help you navigate the process: Hiring an attorney: It is strongly recommended to hire an attorney who is knowledgeable about the divorce process. An attorney can help you…
International Service by Mail: Allowed and Effective?
/in international service/by Ancillary LegalService of process on a foreign defendant can be complicated, as proper service is wholly dependent upon the rules of both countries involved in the litigation as well as any treaty that the nation-states may have agreed to as signatories. One example of such an international agreement is The Convention on the Service Abroad of…
Lawsuit Not Dismissed Despite Ineffective and Untimely Service
/in international service/by Ancillary LegalAn American plaintiff who filed suit against a foreign defendant managed to avoid the case being dismissed by the court. This was despite the service of process being both untimely and improper on the Canadian defendants. Instead, the Massachusetts District Court used its discretion and quashed service and did not throw out the case. …
Taking a Deposition of Someone in India? Here are Some Tips
/in Court reporting/by Ancillary LegalDepositions in India When it comes to taking the deposition of a witness in India, it is crucial to understand what types of depositions are permissible by the court when it comes to the evidentiary value of the testimony. India’s courts have relied heavily on corroboration of witness testimony. Testimony given by a witness…
Taking a Deposition of a Witness in Mexico
/in International/by Ancillary LegalIf you or someone you know is involved in a lawsuit and needs to take the deposition of a witness in Mexico, it is important to know what options you have under the law. Simply put, you are allowed to depose a willing witness in Mexico but there are some restrictions according to the U.S.…
Is e-Service Via Social Media Appropriate? Possibly.
/in Process Server/by Ancillary LegalOver the past 15 years, the electronic process of service (“e-service”) has become more and more popular. The manner in which American courts have permitted e-service in domestic and international lawsuits has changed the legal landscape—and it continues to do so. Below is some basic information on e-service and why this issue is important for…
How to Serve a Banking Institution
/in Process Server/by Ancillary LegalIf you have to file a lawsuit against a banking institution or any other financial institution, it is critical that you follow the established procedure for proper and effective service of process. If you fail to follow the requirements your case could be delayed or even dismissed. Doing so, however, is not so simple. The…