Service By Alternate Means

To initiate a complaint in federal court, a plaintiff must serve a copy of the complaint and summons on the defendant(s). Service on foreign defendants is often governed by the procedures set forth in the Hague Convention, which applies to over 120 countries, including the United States and China. This procedure generally requires service on a designated Central Authority in the destination state, which then attempts to effectuate service in accordance with the laws of that state. Service via this process can take four months or more in China, depending on the backlog at the Chinese Central Authority, and can be subject to numerous difficulties (such as when foreign entities sell through third-party platforms such as Amazon and fail to provide accurate contact information), leading many plaintiffs to seek leave to serve by email or other alternative means.