This has reached quorum, so it should be up next.
Int'l Service Of Process
A resolution to enact uniform standards that protect workers, consumers, and the general public.
Category: Regulation
Area of Effect: Legal Reform
Proposed by: Separatist Peoples
Observing the importance of legal procedure in both criminal and civil laws;
Discerning the importance of the service of process in a procedural framework designed to prevent manipulation of a court system as a tool for state oppression;
Recognizing the inherent right of a state to establish its own jurisdictional procedure for its domestic court systems, yet
Appreciating the necessity of international procedure in an increasingly globalized world;
The World Assembly hereby establishes the following:
Service of process is defined as the procedure by which a party to legal action gives notice of the initialization of legal action to another party, so as to enable that party to respond to the proceeding before the judicial body.
Registered agent and registered office is an individual or entity, respectively, designated to receive service of process notices on behalf of a business entity so as to make service of process effective.
Member states will allow the service of process from other member states upon persons within their jurisdiction, provided it contains, at minimum:
a. The name and jurisdiction of the court and the parties;
b. The name of the recipient party
c. The name and address of the plaintiff's attorney and, if allowed by the initiating party’s jurisdiction, the name of the plaintiff;
d. A copy of the complaint which contains, at minimum, the charges and the role of the named recipient in the case;
e. The time within which the recipient must appear and respond;
f. A notification to the recipient party if a failure to appear and respond will result in a default judgment for relief; and
g. The signature and seal of an officer of the court from the initiating party’s jurisdiction.
Member states must allow service of process if the method by which it is sent is reasonable. A method is reasonable if it is the same or substantially similar to the method used by the host nation for the same or similar purposes.
Where service of process cannot be accomplished without the aid of an agent of a court, member states must either:
a. Allow agents of a foreign court entry into their nation and provide sufficient assistance to allow the agent to serve process upon recipient party, or
b. Dispatch an agent of their own court to serve process upon the recipient party on the foreign jurisdiction’s behalf.
Member states may require foreign court agents to bear the cost of their own travel and service, but may not demand excessive compensation from the foreign jurisdiction for the costs of serving process where the foreign agents were barred entry pursuant to subparagraph 5.b.
Member states may require that foreign service of process efforts comport with their own jurisdictional requirements where such requirements do not conflict with or frustrate the purpose of service of process and comport with international law.
Member states must ensure that all business associations and entities reasonably likely to be subject to international liability maintain a registered agent or office and publicly promulgate the contact information for such agents and offices, or otherwise ensure that officers of a court can identify and serve process on those entities.
This resolution does not require member states submit to extradition requirements or the adjudication of foreign entities, except where required by international law, nor does it apply to nonmember jurisdictions.
