Service of process abroad always means a menu of choices, each of which comes with trade-offs of costs, certainty, and punctuality. No universal method of service can be achieved in these cases, and research must be done to determine the most efficacious method of service in this particular case.
In this regard, issues of timing almost always come up in terms of service of process abroad.Even in domestic cases, timing is the main facet of litigation strategy. Since service of process abroad takes longer than service in the state, the time taken to serve the documents turns determinative in a foreign jurisdiction, particularly where the statute of limitations may expire.
Even if the statute of limitations isn’t an issue, the speed of the method of service is paramount. Often, process service is the fastest means of executing service, if permitted. This is followed by service through the Hague Service Convention Central Authority and mail service (questionable since this might be more unpredictable as some countries do not permit service by mail, and even if they do, require a return receipt.) Letters rogatory take the longest time and is generally considered to be the slowest method of service.
My name is Brian B. Ricks, President of Undisputed Legal Inc., a process serving agency with offices in New York, New Jersey and Connecticut.At Undisputed Legal Inc., we provide service of process to Federal, State and City organizations, law firms, solo partitioners and the general public.
On Friday, March 20, 2020 New York Governor Andrew Cuomo issued a formal order requiring all non-essential workers to stay home from work to prevent and slow the spread of the novel coronavirus (COVID-19). This order goes into effect on Sunday, March 22, 2020 at8:00. PM.
While our physical locations in New York will be closed, our process serving agency is fully functioning. Our staff are well equipped to remotely serve without disruption.It is our understanding that emergency applications are still being filed and there is going to be a need to serve said orders.Undisputed Legal is here to serve the court and community.We have process servers in all boroughs ready to serve.
For more information on our services visit www.undisputedlegal.com or call (800) 774-6922, representatives are ready to assist you. Open Monday-Friday 8am-8pm
Inside New York City, most courthouses remain open at this time – although a number of steps have been taken to reduce traffic inside those courthouses for health reasons. Outside New York City, all court operations have been localized in a single court in each county. (List of Localized Courts and Locations). Judges and staff in all these courts are performing “essential functions” – court functions that cannot be postponed without serious consequences to the parties involved.
Essential functions in various courts include, but are not limited to, the following:
Supreme Court: Mental hygiene applications, civil commitments and guardianships, and others as the court may allow.
Family Court: Child protection proceedings, juvenile delinquency proceedings, family offenses and emergency support orders, and other as the court may allow.
Housing matters: Essential applications such as landlord lockouts, serious coded violations, and repair orders, and others as the court may allow.
New York City Criminal Court/City Courts: Criminal arraignments, requests for orders of protection, driver’s license suspension lifts and emergency applications, and others as the court may allow.
All courts: Judges may determine that other individual matters are “essential.”
● Jury trials in progress in civil and criminal cases shall continue. However, no new trials will be started until further notice.
● Special parts – including motion parts, PC parts, compliance parts and others – have been suspended.
● Residential evictions, court-ordered auctions, and residential foreclosure proceedings have been suspended.
● Rescheduling: Parties will be advised of rescheduled Court dates when normal court business resumes.
COVID-19 Business Continuity and Crisis Management
We want you to know that we consider the success of our customers to be paramount to what we do at Undisputed Legal Inc. At this time, we do not foresee any impact on the services we provide (Process Service, Court Service, Eviction Service & Nationwide Skip Trace Service) due to COVID-19 (Coronavirus).
We are diligently working to provide services and operate without interruption. Undisputed legal’s operations are located in New York City, New Jersey, Brooklyn, Queens, Long Island, Westchester & Connecticut – providing us with global servicing capabilities. Nevertheless, we are carefully monitoring and communicating with our employees and business partners.
We are certain that many of you are evaluating and making preparations for potential disruptions caused by COVID-19. We will continue to monitor the situation and share relevant updates with you as warranted. Please feel free to contact us at firstname.lastname@example.org or visit us online at www.undisputedlegal.com with any questions.
There is much to learn about the novel coronavirus that causes coronavirus disease 2019 (COVID-19). Based on what is currently known about the novel coronavirus and similar coronaviruses that cause SARS and MERS, spread from person-to-person with these viruses happens most frequently among close contacts (within about 6 feet). This type of transmission occurs via respiratory droplets. On the other hand, transmission of novel coronavirus to persons from surfaces contaminated with the virus has not been documented. Transmission of coronavirus occurs much more commonly through respiratory droplets than through fomites. Current evidence suggests that novel coronavirus may remain viable for hours to days on surfaces made from a variety of materials. Cleaning of visibly dirty surfaces followed by disinfection is a best practice measure for prevention of COVID-19 and other viral respiratory illnesses in households and community settings.
1.Determine whether you need to retrieve State/Federal court records. To determine if a court is a State/Federal court:
a.Look at the caption (i.e., name of the court on a pleading).
•If the court is Circuit or Superior Court, it’s a State court.
•If it is District court, it’s a Federal Court.
•Appellate courts may be State or Federal and will have the name of the state in the title of the court, New York Supreme Court, or New York Appellate Court, for example.
b.Look at the laws that the court deals in order to determine if they are State or Federal laws. Divorce laws for example are State laws and bankruptcy laws are Federal, so divorce cases are heard in State court and bankruptcy cases in Federal court.
•Check the list of federal courts provided by the United States Courts systems, to see if the court is listed as a federal court. Continue reading
You can spend a lot of money on legal marketing, but you don’t need to. Nor do you have to be naturally outgoing or charming. What is necessary for good business development, say successful lawyers and consultants who shared their strategies with the ABA Journal, is a marketing plan focused on activities you do well, targeted at the right audience and carried out consistently. Give it some time, they say, and business will come. Continue reading
The United States is renowned for having one of the most sophisticated judicial systems in the world. Every day thousands of people, including law enforcement officers, lawyers, judges, government officials and even accused criminals, take part in this system, hoping to settle disputes and work for justice. What makes this system even more remarkable is that it is able to operate successfully in a country as large and diverse as the United States. One of the keys to this success is a balanced and carefully ordered hierarchy: Several different federal courts control issues relating to federal law and each state has its own set of courts that can adapt to the needs of its people.
Of course, it’s all a bit more complicated than that and no system works perfectly, but learning how the judicial system works can be useful in case you ever need to file a law suit, defend yourself in court, claim damages from the government or even pay a traffic ticket. In this article we’ll talk about what the different types of courts do, how judges are appointed and the basics of jury duty. Let’s start by looking at the essential elements of the U.S. judicial system. Continue reading