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Thursday, December 9, 2010

District of Court Permits International Service of Process via Email

MR Printing Equipment, Inc. and MR Sales and Service, Inc
Dietmar Potscher
Case Number: 10cv00937

Filed: February 10, 2010

Court: Illinois Northern District Court

U.S. District Judge John W. Darrah permitted Plaintiff, MR Printing Equipment, Inc., to serve a complaint and summons on Austrian defendant, by e-mail. This is yet another example of a continuing trend in federal litigation in the US and courts globally.

The case, MR Printing Equipment, Inc. v. Potscher, is pending in the United States District Court

in Illinois. Upon motion of the MR Printing the court permitted the defendant, to be served via e-mail under Rule 4(f)(3) of the Federal Rules of Civil Procedure.

The fact that the defendant resides in Austria which is not a signatory to the Hague Convention and the permissive language of the Federal Rules related to the service of process, allowed the Judge to permit international Service of Process via email.

Below is the Judges Minute Order on the Plaintiff's Motion to allow International Service via email and the Proof of Service filed in the case indicating the manner of service.