Tag Archive for: international service

International Service by Mail: Allowed and Effective?

Service 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

An 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.  …

Is e-Service Via Social Media Appropriate? Possibly.

Over 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

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…

Serving Divorce Papers Abroad: A Primer

It is no secret that divorce can be difficult. Rarely is the process seamless. If your soon-to-be ex-spouse is in another country, your life at home may have less emotion and drama but serving divorce papers will be more difficult than doing so domestically. This is because proper service is much more complicated than just…

How to Serve a Chinese Company

How to Serve a Chinese Company There are several challenges that plaintiffs may face when trying to assert a claim against a Chinese legal entity. Both the United States and China are member-states and parties to the Hague Convention on the Service Abroad of Judicial & Extrajudicial Documents (the “Hague Service Convention”). The Hague Service…

How Long Does the Hague Process Take for International Service?

How Long Does the Hague Process Take for International Service? If you or someone you know is suing a foreign defendant, it is critical to understand that the process is significantly different than serving a person or entity domestically. The time in which to complete service is wholly dependent upon the country in which the…

Hague Convention Service: Understanding the Process

When it comes to international service of process, the Hague Convention is the most common method used to effectuate the service of legal papers intentionally. This is because, in major part, more and more countries have become signatories to the international treaty. Below is a brief explanation of how this process works and will help…

Need to depose a witness located in the United Kingdom? What U.S. Lawyers Should Know.

If you need to depose a witness located in the United Kingdom on behalf of one of your American clients, there are several things you should know. Below is a basic primer on the process, what to expect, and what pitfalls to avoid. Subpoena or Agreement of Testimony Lawyers who are wanting to depose a…

How to Serve Someone in Mexico

How to Serve Someone in Mexico It happens more often than you would think that a plaintiff needs to sue a defendant who does not live in the United States. No matter what type of case you may be pursuing, a series of issues may arise regarding providing the soon-to-be defendant notice of any pending…

International Service of Process by Mail Allowed by Brazil’s Highest Court

The supreme court of Brazil, known as the Supreme Federal Court (STF), recently ratified the ruling of an American court regarding a legal dispute between an American and Brazilian company.   The Case The matter at issue involves a decision by a New York court that ordered copyright distributor Latin Stock Brazil Produces to pay…

France’s Highest Court Gives Procedural wins to Civil Society Organizations

France’s highest court, the Court of Cassation (CoC), ruled earlier this month to resolve procedural issues in favor of six not-for-profit groups in their lawsuit against oil giant Total Uganda.   In 2019, six French and Ugandan nonprofit civil society organizations (CSOs) brought a lawsuit against Total Uganda. According to an article published by Jurist.org,…