How can service of process be effected in international litigation?
Service of process is the legal procedure of delivering court documents to an individual or entity that is being sued. This is a necessary step in international litigation, which involves two or more countries. In California, service of process in international litigation is often facilitated via international conventions, such as The Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. This convention allows service of process to take place through foreign central authorities, which act as intermediaries between the court and the defendant. Another way to serve process abroad is to use foreign consular officials or agents. This form of service is legal under the federal Foreign Sovereign Immunities Act, which also contains guidelines for serving documents abroad. Finally, service of process can be accomplished through other means, such as through postal services, in accordance with California law. In this case, the foreign postal service must be used, and the documents must be served in a manner that complies with the foreign country’s legal procedures. However, if the country does not have a proper postal service, then another method of service must be used. In all cases, when service of process is being effected internationally, the serving party must be sure to follow all the applicable laws of the foreign country. In addition, the defendant may have an opportunity to challenge the service of process if they feel it was not properly performed.
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