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Serving State Officers In Official-Capacity Suits: Is Mail An Option?, Mark R. Brown
Serving State Officers In Official-Capacity Suits: Is Mail An Option?, Mark R. Brown
Mark R. Brown
How does one serve a state agent sued in his or her official capacity? The answer is unclear. I argue that historically suits of this nature have been treated as if the state agent is an individual; hence, individual service has proved the historical norm. However, over the course of the last 25 years a significant minority of courts have begun treating state agents as states. The rules for serving states and individuals differ; in particular, mail is not an option for states. Treating these Ex parte Young suits as suits against states therefore prevents service by mail. I argue …
No Sirve: The Invalidity Of Service Of Process Abroad By Mail Or Private Process Server, Charles B. Campbell
No Sirve: The Invalidity Of Service Of Process Abroad By Mail Or Private Process Server, Charles B. Campbell
Charles B. Campbell
Service of process abroad by mail or private process server on parties in Mexico is invalid under the Hague Service Convention. The other alternative methods of service abroad listed in Article 10 of the Convention are invalid, as well. As one might say in Spanish, such alternative service no sirve—i.e., is useless—in Mexico. Accordingly, service of process abroad by United States litigants and courts on parties in Mexico should proceed through Mexico’s Central Authority in accordance with Articles 3 through 7 of the Convention.