I say all of the time that we ain’t constructing rockets here. But we are building a boat, along with a leaky ship usually means that your people could not possibly reach North America from Europe. Do it the right way, and you are the First europeans to reach North America. Scandinavians got here first. Er, well, we did not get here .
Aaaaaanyhew… I frequently joke about those”wicked Danes who retained my ancestors under their thumb for centuries” but the reality is, Scandinavia is made up of several (three or four, depending on who you talk to) wonderful and kindred cultures, and I look to Danes as household. All of us answer to the Viking Horn and most of us know that Valhalla awaits us in the afterlife. And deep down, we all reeeeally enjoy playing with Legos– perhaps Denmark’s greatest export. To this day.
This is true regardless of which U.S. or even Canadian venue is hearing the matter. Some history is in order, if you’re so inclined, until we cut to the chase.
The roadmap to the overall process – the recipe to our Secret Sauce.
The arrangement of this Convention itself is discussed in this four-part series.
And a totally critical note: the Hague Service Convention does not pertain to subpoenas. Repeat after me–you can’t simply SERVE a subpoena abroad. You Need to file a Hague Evidence Request. Dramatically different from working out a summons or notice.
Here is how it’s done in Denmark:
Article 5: Service
Translate the files. Denmark’s announcement to Article 5(3) does not require files to be interpreted, but the judicial officer serving them is needed to supply the defendant a chance to reject untranslated process. Now, I have yet to meet with a Dane who does not speak English too as I do, but it’s not a battle worth having, if you ask me… simply interpret it.
Fill a USM-94. Be very careful about ensuring it is complete and concise, and be certain it’s signed by a court officer or an attorney. When it isn’t, make sure the individual registering is commissioned by the court.
Send to the appropriate Central Authority, in this case Ministry of Justice at Copenhagen.
Stand tight. It might take a while–probably three or four weeks from entry to return of proof.
Article 10: Alternative approaches
Mail support is kind of accessible (maybe, kinda, could be), since the Danes don’t specifically object to support by mail. They also say it might not be valid either. Given the ambiguity, you probably don’t need to test itand even if you would like to attempt it… bad idea.
Denmark also permits direct access to”judicial officers or other competent persons” under Article 10(b), however they make no definitive statement in their declarations about who those folks are. Frankly, it is irrelevant since Denmark’s Central Authority is fairly effective.
Seriously–that is all there’s to it in Denmark, whose declarations and Central Authority advice –as well as those of the rest of the countries in the treaty–can be found here.
And remember… if you are defense counsel, always question the validity of service effected in your overseas customer, because the plaintiff might not have completed it properly. That actually happened once, with a suspect in Norway, and her lawyers were smart enough to combat the matter. The Washington Court of Appeals erroneously believed going outside the Central Authority was okay, however, their Supreme Court saw the issue differently.
By Laurits Lassen from TwiftNews