Contributed By Pérez-Llorca
The procedure for informing an adversary that it has been sued is specified in the SCPA. Service of process is the responsibility of the court. Where the notice is an initial summons or order to attend, notices shall be sent to the defendant’s address. If the claimant provides several addresses for the defendant, the claimant shall indicate the order in which notice could successfully be served.
If service of process cannot take place at the defendant’s address provided in the claim or if the claimant states that they are unable to provide the defendant’s address, the court clerk can use any suitable means to investigate the defendant’s address. The court clerk may contact registries, organisations, professional associations and entities to do so.
If the defendant’s address cannot be found, or when service of process cannot take place at the defendant’s known addresses, the court clerk shall issue an order stating that notice shall be served through public notices, ie by publishing the court’s notice on the court’s bulletin board.
A party may be sued outside the jurisdiction. If service of process takes place within the European Union, the defendant may be notified pursuant to Article 8 of the Regulation (EC) No. 1393/2007 of the European Parliament and of the Council of 13 November 2007, on the service in the member states of judicial and extrajudicial documents in civil or commercial matters. Pursuant to such regulation, the claim must be duly translated into the official language of the place where service is to be effected or in the language that the served upon defendant(s) understands.
Service of process outside of the European Union can take place pursuant to the Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters.