Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Proof takes longer than you think.

By Aaron Lukken on July 3, 2018
Email this postTweet this postLike this postShare this post on LinkedIn
“Worried People,” Pedro Ribeiro Simões, via Wikimedia Commons

Twice in two hours this afternoon, I’ve fielded somewhat worried emails:

  • “Hey, Aaron, I just heard from opposing counsel that the defendant was served in Tokyo last week” and
  • “I’ve just been told that the defendant in Paris was served two months ago, and they haven’t answered the complaint yet.”

Both statements were followed with the very reasonable question, “where in the hell is the proof?”  This happens at least a few times a month, often along with “the judge is threatening to dismiss this thing.”

Well, first, relax.

In federal court, you’re not subject to the 90-day deadline in Rule 4(m) when serving abroad– you’re under a reasonable diligence standard.  In just about every state, the same result occurs, whether through a rule that tracks the FRCP, or through case law (I’m looking at you, New York).  If the same safe harbor isn’t there automatically, the judge can extend for good cause.  And what better cause than a mandatory procedure that depends entirely on a foreign bureaucrat being motivated and quick?  (Sorry, Michigan & Wisconsin… you guys have it rough, but call me and let’s make some new law together.)

The quick answer to the very reasonable question, “where in the hell is the proof?” is that I really can’t tell you.  It could be sitting in a clerk’s “to do” box somewhere overseas, or it could be in Dave’s satchel a block over on Rockhill Road, and he’ll be along shortly to drop it off.*  Unfortunately, there’s not much I can do to push the situation along.

This is not a problem, and it’s not out of the ordinary.  I frequently tell clients that they will likely hear from opposing counsel before I hear from an Authority.  If they learn that the defendant has been served, but we just can’t prove it– yet– it often means that the proof of service can be stapled to a motion for default judgment.

Sure, if I expect that something’s been lost– it’s been nine months when I expected it back in four or five– I can contact the Central Authority.  But as long as we’re within the normal timeframe, it could actually be counterproductive to pester them.**

Above all, though, don’t worry.  Things move much more slowly abroad than they do here, and if you must serve abroad pursuant to the Hague Service Convention, the judge mustn’t worry either.


* Not his real name.  But Dave is my local Letter Carrier (that’s the official term– we used to call them mailmen, until Karl Malone started lighting up Utah).  He’s pretty cool.

** My kid sister used to bug me for things.  And the more she pestered, the less likely I was to accede to her requests in a timely manner.   Foreign bureaucrats can be a lot like that.

 

 

 

Photo of Aaron Lukken Aaron Lukken

I’m Aaron Lukken, and I wasn’t always a lawyer. My kid sister and I spent a few years abroad as Army brats, and I worked in politics for a while after college. After meandering from job to job in my late twenties, I…

I’m Aaron Lukken, and I wasn’t always a lawyer. My kid sister and I spent a few years abroad as Army brats, and I worked in politics for a while after college. After meandering from job to job in my late twenties, I finally found a home at the phone company, of all places. With a decade of telecom sales experience under my belt, I decided at 37 to finally go back and do what I had always intended… study law.

But even at the start of law school, the idea of a generalized practice never really made sense to me. I wanted something specific, and something that could draw on all the travels of my youth; the only area of the law that was really appealing to me was at the international level. Of course, I also heard the siren call of the courtroom as a 2L, and discovered that litigation was as exciting as geopolitics and international law.

With a whole bunch of luck—and an amazingly supportive wife—I managed to launch a little niche firm smack in the middle of the map… Viking Advocates, LLC in Kansas City (that’s in Missouri, thankyouverymuch). My practice combines treaty analysis with litigation strategy; I truly have the best of both worlds.

When I’m not pondering the intricacies of cross-border legal doctrines, I’m either singing 2nd Tenor with the Kansas City Symphony Chorus or trying to get down to my fighting weight at the local YMCA with my wife, Peggy (an expert in conflict management and dispute resolution). Together we have a small civil & domestic mediation firm serving clients in the KC region. Our overbearing and demanding boss is a tabby cat named Minnie, named after Professor Minerva McGonagall.

Feel free to connect with me on LinkedIn (be sure to tell me you saw this!).

Read more about Aaron LukkenEmailAaron's Linkedin Profile
Show more Show less
  • Posted in:
    Other
  • Blog:
    Hague Law Blog
  • Organization:
    Viking Advocates, LLC
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo