Legal Language

01/02/2023

In China (as is true in many other countries) the Chinese Central Authority for the Hague Service Convention ≠ the Chinese Central Authority for the Hague Evidence Convention. Such details can befuddle the legal calculus for taking evidence abroad and are easy to make.

While China may be one country, the laws concerning the taking of evidence vary by region.

12/26/2022

Although the Russian Federation is a signatory to the Hague Service Convention, service of process from the United States to Russia does not occur pursuant to the Convention. According to Russia’s reservations and declarations to the Convention, international service of process upon a Russian defendant is only proper if the service is sent to the Russian Central Authority.

The problem is that the Russian Central Authority is non-functional.

12/19/2022

When it comes to language, lawyers are technicians. They are taught how to write grammatically and structure arguments in the most succinct manner possible. Better lawyers demonstrate a knack for crafting language into artful persuasion. But what do lawyers really know about language?

Below are several facts about language and its origins. How many of these facts did you know before reading this blog?

12/12/2022

An April 2018 case law reveals that litigants should serve foreign parent corporations abroad as opposed to through US subsidiaries.

When issuing service of process upon a subsidiary on behalf of its international parent, always serve the foreign manufacturer directly pursuant to the HSC.

12/05/2022

The law firm Piper Alderman published a report in 2018 on how to fast-track a request for evidence taking in Australia from a US court. Specifically, Piper Alderman sought orders directly from the State Court, bypassing the usual process through the Australia's Attorney General’s office. This approach was successful and an order for evidence by deposition was obtained within two months after receipt of the initial request from the US.

The law firm Piper Alderman published a report in 2018 on how to fast track a request for evidence taking in Australia from a US court.

11/28/2022

Serving process internationally, especially if translation is required, can be costly in terms of both time and money. Arguably, after investing significant time and money in international service of process, the last thing an attorney wants is to have the service quashed.

So, how do you prevent having your international service of process quashed? The three cases illustrated below shed some light on potential pitfalls to avoid.

11/21/2022

Picture this: an opposing counsel is refusing to produce the defendant or cooperate with document production requests. The logic behind the opposing counsel’s position goes something like this: Since the witness is overseas, evidence must be taken pursuant to the Hague Evidence Convention or a Letter Rogatory.

So, how do you deal with this difficult opposing counsel? The answer is Aérospatiale.

11/14/2022

In a 2018 unanimous opinion, the Supreme Court considered this issue: When foreign law is relevant to a case instituted in a federal court, and the foreign government whose law is in contention submits an official statement on the meaning and interpretation of its domestic law, may the federal court look beyond that official statement?

When a foreign country’s laws are relevant to US litigation, whose law controls?

11/07/2022

When effecting service of process in the UK pursuant to Article 10(b), are plaintiffs required to use a UK solicitor in order to serve defendants?

When effecting service in the UK under Article 10(b) many believe a UK solicitor is a requirement, but 2018 case disproves this claim.

10/31/2022

In order to serve process, it is vital that you have accurate and up-to-date address information. In the best of all possible worlds, a plaintiff will have a document authored by the defendant containing the defendant’s contact information.

But often this is not the case. In such situations where address information is not known, you will need to perform address research. What type and how much depends on what information is currently available.

In order to serve process it is vital that you have accurate and up-to-date address information.

10/24/2022

In Buzzfeed Inc and another v Aleksej Gubarev and others, we are given guidance on how to draft a well-written Letter of Request to take a deposition in the UK.

10/17/2022

In March of 2018, a court of appeals in the United Kingdom issued an opinion concerning cross-examination within the context of the Hague Evidence Convention. Perhaps because this opinion marked the “latest episode in the long running litigation” of BTA Bank v Khrapunov, Lord Justice Sales’ opinion assumes that the reader is familiar with all of the nuances of the Hague Evidence Convention. Because this assumption is unlikely to be valid, the case is worth further review.

Is cross-examination under the HEC possible?