Follow by Email

Monday, February 20, 2012

Service of Process By Mail...

I recently happened upon an article about a ruling from the New York State Appellate Division, Third Department, that held that Service of Process by Postal Mail internationally to countries that are signatories to the Hague Service Convention was not only allowed but was part of the conventions original intent. 

In a time when electronic notification and electronic service of legal process is becoming more and more commonplace this hardly seems like a step forward.  I would argue that given the Hague Convention Treaty was originally implemented almost 50 years ago updates to reflect the technological advances of our time are long overdue. 

The treaty, which currently has 65 member countries, was designed to create a uniform law of service to ensure both timely service to defendants and proof of service for plaintiffs. The treaty requires, in part, that each participating country set up an office to facilitate international service, but also allows for alternative methods, such as mail, as long as the defendant's country does not object. Canada and most other members, according to the ruling, have never objected to service by mail.
What do you think?

by Jeff Karotkin