1 Hague Convention Service Michael Atkins Atkins Intellectual Property, PLLC October 25, 2012

2 The issue Commencing an action −File complaint (Rule 3) Joining defendant −Serve summons (Rule 4)  No default without proof of service (Local Rule 55(a))  120-day rule (Rule 4(m)) does not apply to service on foreign defendant, but service still required

3 Authority for Effecting Service Abroad Rule 4(f) −“Unless federal law provides otherwise, an individual … may be served at a place not within any judicial district of the United States: (1)By any internationally agreed means that is reasonably calculated to give notice, such as those authorized by the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents”

4 Hague Convention Highlights Effective November 15, 1965 Intended to simplify service Send documents to foreign government’s “central authority” −Request + summary of documents to be served + certificate of service −Two copies of the documents to be served in English −Two copies of the documents to be served in defendant’s language (usually)

5 Hague Convention Highlights Central authority sends to local court, which arranges for service, often by police Central authority may refuse service only if service would infringe sovereignty or security

6 Hague Convention Highlights Default −Plaintiff may obtain default if it effects Hague service and defendant does not appear −Court may enter default judgment even if central authority does not provide certificate of service if:  Plaintiff properly transmitted document  At least six months have passed  Plaintiff has made reasonable efforts to obtain certificate of service

7 Hague Signatories Many countries, including: Canada China Many European countries Japan Mexico Korea United Kingdom Russia … or not?

8 Hague Tips It can take a long time – at least six months −Consider telling court Central authority isn’t only means of service. Hague Convention does not rule out: −Service by mail −Personal service −But service must be legal in foreign jurisdiction, and proving effective service may be difficult Get help −International process server −Lawyer in foreign jurisdiction