Service of Complaint by Publication
Service of process is a core requirement for the jurisdiction of American courts, which in federal courts is governed by the Federal Rules of Civil Procedure. The United States District Court for the District of Columbia explore the options for service offered by the plaintiff in the matter Chaim Kaplan v. Hezbollah et al., docket number 09-646.
The plaintiff had attempted service by delivery through an international courier service at an address in Lebanon. In its June 7, 2010 ruling, the court held that attempt insufficient but allowed for service by publication under Rule 4(f)(3) which can even permit service by email.
The publication must appear in three Lebanese newspapers, the court ruled. Publication is not incompatible with the treaty obligations of the United States, it found. -- Clemens Kochinke, partner, Berliner, Corcoran & Rowe, LLP, Washington, DC.
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