Serving Process Under the Hague Service Convention for US Proceedings

by Proskauer Rose LLP with Practical Law Litigation

A Practice Note analyzing the key issues when serving process on a defendant outside the US under the 1965 Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (HCCH 1965 Service Convention, commonly known as the Hague Service Convention). This Note discusses the Hague Service Convention's scope, limitations, and the various methods of service permitted, including service through a Central Authority, by mail, and personal service through a local agent. It also examines the implications of the Hague Service Convention's preemptive effect on inconsistent service methods and the conditions under which a default judgment can be obtained or vacated. Additionally, it addresses the potential for service through diplomatic or consular channels and the importance of understanding the destination state's internal laws. This Note emphasizes the significance of ensuring compliance with both the Convention's requirements and the procedural rules of the forum court to effectively serve process and secure judicial outcomes.