A plaintiff seeking to serve an individual or organizational defendant located overseas can face substantial, sometimes insurmountable logistical challenges. Service of process on a defendant outside the United States is governed by a range of laws and treaties, including, most importantly the 1965 Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (Hague Convention), which often requires use of the foreign government’s Central Authority to effectuate service. Although service under the Hague Convention works well in some instances, depending on the government in question, it can be unreliable and often entails extensive delays. Some governments are openly uncooperative and unwilling to facilitate service of process in connection with an action brought in a U.S. court.
Several recent decisions from judges in the Southern District of New York have permitted plaintiffs frustrated by elusive defendants or uncooperative foreign governments to serve defendants through email under Federal Rule of Civil Procedure 4(f)(3), providing a modern-day solution to an age-old problem.
Treaties and Rules
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