Legal Question in Civil Litigation in United Kingdom

Re: Process of Service - International

Thank you for your question. If you have an address I would have the court clerk to mail the summons certified mail, restricted delivery to defendant requiring his signature. You may want to check with the post office to see if they use a special type certified mail card for internationl. The law on service of process internationally under the federal rules of civil procedure are set forth below. If this is a state action in district court the certified mailing would work also.

Rule 4 of the Federal Rules of Civil Procedure provides:

(f) Service Upon Individuals in a Foreign Country.

Unless otherwise provided by federal law, service upon an individual from whom a waiver has not been obtained and filed, other than an infant or an incompetent person, may be effected in a place not within any judicial district of the United States:

(1)

by any internationally agreed means reasonably calculated to give notice, such as those means authorized by the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents; or

(2)

if there is no internationally agreed means of service or the applicable international agreement allows other means of service, provided that service is reasonably calculated to give notice;

(A)

in the manner prescribed by the law of the foreign country for service in that country in an action in any of its courts of general jurisdiction; or

(B)

as directed by the foreign authority in response to a letter rogatory or letter of request; or

(C) unless prohibited by the law of the foreign country, by

(i)

delivery to the individual personally of a copy of the summons and the complaint; or

(ii)

any form of mail requiring a signed receipt, to be addressed and dispatched by the clerk of the court to the party to be served; or

(3)

by other means not prohibited by international agreement as may be directed by the court.