According to the U.S. Supreme Court, compliance with the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (the Hague Convention) is mandatory in all cases to which it applies. Volkswagenwerk Aktiengesellschaft v. Schlunk, 486 U.S. 694, 705 (1988). In this column, we look at the issue of serving by electronic means under the Hague Convention, including whether email service is permitted in countries that have specifically invoked their right under the convention to object to service by mail.
The backdrop for the discussion is Federal Rule of Civil Procedure 4, concerning service of process. More specifically, Rule 4(f) has three subsections setting forth the methods for serving individuals outside the United States.
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