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Service Of Process

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Chapter Summary

In determining the method of service, an important factor for the plaintiff to consider is whether the judgment will only be enforced in the domestic forum or whether subsequent recognition and enforcement abroad will eventually be sought. Multinational agreements, such as the Hague Service Convention and the Inter-American Convention on Letters Rogatory and Additional Protocol thereto prescribe methods of service abroad of judicial documents in civil and commercial cases. Unlike evidence-gathering issues, service of process abroad involving United States litigation is not a function of United States diplomatic or consular missions. The waiver provision may conflict with current methods of transnational service, such as those under the Hague Service Convention, discussed in this chapter. Letters rogatory issued for the purpose of obtaining international judicial assistance should not be confused with recognition or enforcement of foreign judgments.

Keywords: Hague service convention; inter-American convention on letters rogatory; international judicial assistance; service of process; U.S. state department assistance



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