Skip to content

Menu

ChannelsPublishersSubscribe
LexBlog, Inc. logo
LexBlog, Inc. logo
ProductsSub-MenuBlogsPortalsTwentySyndicationMicrositesResource Center
Join
Search
Close
Join the Movement. Blog 4 Good

Certified copies? Nope. Not needed.

By Aaron Lukken
January 14, 2021
EmailTweetLikeLinkedIn
Trafalgar Square, London.  Just a few blocks from the Royal Courts of Justice and England’s Central Authority.

Client queries: “hey, Aaron, the clerk says the Hague Service Convention requires certified copies of the Summons and Complaint and something called an Apostille.  Where do I get that?”

I get some variant of that question pretty regularly, most often from colleagues within just a few miles of me.*

For starters… no, the Hague Service Convention says nothing of the sort.

Sure, at one time, some Hague Central Authorities required court-certified copies to be submitted (they questioned the validity/authority of a document rolling off my laser printer), but as e-filing has become a global norm, rather than an outlier, this problem has faded away.  And sure, some local judicial authorities balk at the lack of all the stamps and ribbons and pretty little bows that adorn legal documents in their systems, but Central Authorities seem to coordinate pretty well with the locals nowadays, and have all but eliminated the problem.

In fact, the Hague Service Convention specifically abrogates the need for either certification or an Apostille.  Article 3(1):

The authority or judicial officer competent under the law of the State in which the documents originate shall forward to the Central Authority of the State addressed a request conforming to the model annexed to the present Convention, without any requirement of legalisation or other equivalent formality.

(Emphasis mine.  For the record… legalisation?  That isn’t a typo.  They spell it with an S in diplomatic English.  Personally, I think the Z ought to be there, but they didn’t ask me.)

If you’re curious about what an Apostille even is, see here for a fun primer.  They’re awfully handy instruments to confer legal effect on documents sent abroad, but they’re wholly unnecessary for Service Convention purposes.

Point is, if the clerk tells you that special formatting or authentication is required to properly serve a defendant in a Hague jurisdiction, that’s simply incorrect.  All they need to do is format the summons as if it’s to be served on the other side of State Line Road, et voilà.  The docs are ready to send my way (or a translator’s way, as the case might be).

What gets served (and in what format) is determined by the forum court’s own rules… the Hague Service Convention only delves into how.


* Why this stuff happens most often in my own county is beyond me.  Apparently, not quite everything is up to date in Kansas City.

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 LukkenEmail Aaron's Linkedin ProfileAaron's Twitter Profile
Show more Show less
  • Posted in:
    International
  • Blog:
    Hague Law Blog
  • Organization:
    Viking Advocates, LLC
  • Article: View Original Source

Stay Connected

Facebook LinkedIn Twitter RSS
Real Lawyers

Company

  • About LexBlog
  • Careers
  • Press
  • Contact LexBlog
  • Privacy Policy
  • Editorial Policy
  • Disclaimer
  • Terms of Service
  • RSS Terms of Service

Products

  • Products
  • Blogs
  • Portals
  • Twenty
  • Syndication
  • Microsites

Support

  • 1-800-913-0988
  • Submit a Request
  • Support Center
  • System Status
  • Resource Center

New to the Network

  • The Law of Order
  • The HB Blog
  • The Tax Trotter
  • The Westchester Litigator
  • Data Privacy + Cybersecurity Insider
Copyright © 2021, LexBlog, Inc. All Rights Reserved.
Powered By LexBlog