Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.
Covered by New York Times, and other outlets. Fake heiress accused of conning the city’s wealthy, and has an HBO special being made about her.
Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.
Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.
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Serving a federal subpoena on a foreign witness can be a complex process involving international law and treaties. This article provides an overview of the key considerations and procedures for serving federal subpoenas abroad.
The primary treaty governing international service of process is the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (Hague Service Convention). The Hague Service Convention sets forth specific procedures that must be followed to properly serve process on defendants located in member countries.The United States and many other countries are parties to the Hague Service Convention. When serving process on an individual or company located in another member country, the procedures outlined in the treaty must typically be strictly followed for service to be valid.
The primary method of service under the Hague Service Convention is through a Central Authority designated by each member country. To serve process:
This Central Authority system provides a streamlined process for serving documents abroad in compliance with foreign law.For a list of Central Authorities for Hague Convention signatory countries, see the Hague Conference website.
In addition to the Central Authority process, the Hague Service Convention also allows for alternative service methods in limited circumstances without going through Central Authorities.Exceptions that may enable direct international service include:
The availability and requirements of these alternative service methods vary by country. The Hague Conference website provides country-specific service information.
If the foreign country is not a party to the Hague Service Convention, service must be made pursuant to local law or international agreements. Over 100 countries have not signed the treaty.For individuals located in non-member countries, Federal Rule of Civil Procedure 4(f) sets forth procedures for foreign service. Rule 4(f) allows for service abroad through internationally agreed means or, if no internationally agreed means exist, through reasonable means authorized by the foreign country’s law.Common methods of service in non-Hague countries include:
The specific options and requirements for non-Hague Convention countries vary greatly. Legal counsel should be consulted to ensure compliance with Rule 4(f) and foreign law.
When serving federal subpoenas abroad, parties should consider:
Navigating international service of federal subpoenas involves balancing legal requirements, practical limitations, and case needs. Consulting an attorney experienced with foreign service is advisable given the complexity involved.
For more information on serving federal subpoenas abroad, helpful resources include:
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