Short answer: no.
It is what it is, y’all, especially in what I call “5-0” countries. The lack of options is the biggest inhibitor to speedy service, and believe me, if there’s a better way to go, I’m going to sing it from the rooftops.
What do I mean?
Well, the Hague Service Convention
TL;DR: think Miranda. Anything you say in a filing about proof of Hague Service could be used against you. So don’t say anything. Also, I’m a nerd who digs arcane Latin terms like probatur even though I never studied Latin.
A bit of background is in order here.
My firm’s primary job is to have
I haven’t written much about this topic except to update a couple of past posts, bringing them in line with recent developments as to electronic service and the Hague Service Convention. Frankly, the developments don’t alter my usual contention a whole lot, but they do provide some persuasive authority for e-service’s use in certain scenarios.
A harsh reality in the service of process world: once a Hague Service Request gets to a foreign Central Authority, it’s pretty well locked up– especially once it’s been underway for several weeks or months. No amendments can be made, no documents can be added, and no revisions can be made to the defendant’s address.
TL;DR… be patient. It’s a process.
Several years ago, I published a pair of posts that are even more important to keep in mind now, in a post-pandemic world:
The spring of 2019 seems like a decade
For starters, it’s officially been simply Czechia since 2016 (see here). Peggy and I were just there a couple of weeks ago, and even the Czechs still call it the Czech Republic and Czechia interchangeably; admittedly, so do I. What they don’t call it anymore: Czechoslovakia– that nation ceased to exist three decades
The Dutch– an exceedingly practical and direct people– have a saying: Goedkoop is Duurkoop. Cheap is expensive. We of the anglophone persuasion have a variation on that theme: you get what you pay for.
But the Dutch version captures reality far more forcefully. Cheap is expensive is an apt way of articulating the constant tension
At long last, the 1965 Hague Service Convention has entered into force in El Salvador. As of today, October 1, 2024, service there is subject to the strictures of the Convention, regardless of which U.S. or Canadian venue is hearing the matter.
Some background is in order, if you’re so inclined, before we cut to
Shortly after I hung out my shingle, I posted that defense counsel should always question the validity of Hague Service. Why?
Just getting the address right is only half the battle, y’all.
A huge hat tip to my friend and fellow law blogger, Ted Folkman, for his Case of the Day post last week about Peanuts Worldwide v. The Partnerships and Unincorporated Associations Identified on Schedule A (N.D. Ill. 1:23-cv-02965).* He very deftly connected the dots
