Service of Process in Foreign Countries (28 U.S.C. § 1696)
The district court of the district in which a person resides or is found may order service upon a foreign or international tribunal or litigant upon application by a foreign or international tribunal or interested person and upon terms prescribed by the court.
Also provides that the meaning and effect of such service shall be determined by the law of the country of which the tribunal is a part.
Context
§ 1696 provides a mechanism for serving foreign parties in U.S. litigation and for serving process on behalf of foreign tribunals — complementing the Hague Service Convention (for signatory states) and letters rogatory (for non-signatories).
Distinguished from Discovery Aid for International Proceedings (28 U.S.C. § 1782), which governs discovery assistance; § 1696 concerns service of process assistance.
Practical Significance
In transnational litigation, service abroad is governed by:
- The Hague Convention on Service (for contracting states) — prevails as federal treaty
- § 1696 and court rules (Fed. R. Civ. P. 4(f)) — for non-Hague states or supplemental service
- Volkswagenwerk AG v. Schlunk (1988) — Hague Convention applies whenever service abroad is required; compliance is mandatory and exclusive