Friday, June 3, 2011


Assuming that the overseas individual or entity has sufficient contacts with Nevada to make them subject to Nevada’s jurisdiction and the subject matter of the case has a sufficient connection with Nevada, parties located in other parts of the world can be sued in Nevada just like those parties located in Nevada and within the United States. The issue in effectively commencing the case, however, lies with proper service of process on the overseas party through a method recognized as valid service in that party’s home jurisdiction. The most prevalent of these methods is through the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (commonly known as “The Hague Service Convention”), to which sixty-two (62) nations subscribe.

The Hague Service Convention specifically describes how service must be made upon a party located in one of the member nations and addresses issues such as translation and who may serve the documents. The laws of that individual country must be consulted as well in order to determine more specific issues. For example, while the Hague Convention describes service by a “judicial officer,” the laws of each subscribing nation will define what a “judicial officer” is in that nation.

Without proper service of the initiating documents, the case will go nowhere – even if the overseas defending party has actual prior knowledge of the case. Nevada is very strict on parties’ compliance with the Hague Service Convention in these circumstances and affords no method for a defending party to waive proper service even if willing to do so.

Global Business Lawyers routinely represents parties in U.S.-based litigation involving parties in international locations. We and our worldwide network of professional partners are proficient at Hague Convention service and have prevailed on many occasions in defense of deficient service under the Hague Convention for many transnational clients.

Disclaimer: This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. If you have questions or need specific advice relating to the matters contained herein, please contact Lovaas & Lehtinen, P.C.

No comments:

Post a Comment