When Mexico acceded to the Convention, it renounced the other methods of service set forth in articles 8 and 10 of the Convention. This position was set out in an instrument of accession issued by Mexico and made available to the Dutch Ministry of Foreign Affairs, which is responsible for dealing with accession to the Hague Convention. Therefore, service by Mexico`s central authority – the Mexican Ministry of Foreign Affairs – is the only way to effect service in Mexico by a claimant residing abroad. Each Contracting State is free to have judicial documents served directly by its diplomatic or consular representatives on persons abroad, without recourse to coercion. Any State may declare that it opposes such service in its territory, unless the document is served on a national of the State of origin. We have blogged about the importance of legal translation services for international litigation services (ISOP) in general and the role of English-to-Spanish legal translation services for international litigation services in Spanish-speaking countries. Today`s case brings us to the Arizona plaintiffs who attempted to serve defendants in Mexico by mail and email. The case went to Arizona Superior Court, and the defendants appeared on a limited scale, arguing that the case should be dismissed because of improper service under the Hague Service Convention, which governs service on foreign defendants. The Court asked whether such notification was lawful under the Hague Service Convention.
The name of the case is Cardona v. Kreamer, and she was tried by the Arizona Supreme Court. The Court ultimately held that service in this manner was invalid under the Hague Service Convention. This whole scenario raises the question of how such a translation error could have occurred at such a high level. Of course, we can only speculate. Nevertheless, this case has an important lesson for us and highlights the importance of professional translation and the use of experienced legal translators. Such a translation error must have misled many claimants as to proper service in Mexico and has given rise to unnecessary disputes, as in the present case, concerning the due process of service in Mexico. Therefore, the best way to avoid such a problem is to use professional legal translation services. Legal translation service All Language Alliance, Inc. provides professional translations for the delivery of foreign court documents to Mexico. Contact us to hire a Spanish statement interpreter for a video statement via Zoom, a Spanish statement interpreter on site or a Spanish referee interpreter.
And Article 10 of the Convention allows for the direct sending of judicial documents to a person in a foreign territory, by post or personal service. When Mexico acceded to the Hague Service Convention with its objections to alternative methods of service provided for in articles 8 and 10 of the Convention, the Ministry of Foreign Affairs of the Netherlands asked Mexico to translate its position into English and French as a matter of courtesy. Mexico duly complied by providing a translation from Spanish to English, which appeared to be a mistranslation of Mexico`s actual position. Due to a translation error, it appeared that Mexico had refused to serve documents only on diplomatic or consular agents. This has led the courts to conclude that Mexico refuses delivery by diplomatic or consular agents and not by post. However, this was not the case, as Mexico had opposed delivery by diplomatic or consular agents, as well as by post. Unless the State of destination objects, this Convention shall not affect: (a) the freedom to send judicial documents by post directly to persons abroad; (b) the freedom of judicial officers, officials or other competent persons of the State of origin to have judicial documents served directly by bailiffs, officials or other competent persons of the State of destination; the person interested in having judicial documents served directly by bailiffs, officials or other competent persons of the State of destination. The Court acknowledged that an incorrect translation from Spanish into English had taken place, as Mexico objected to other means of service under Articles 8 and 10. Therefore, service by Mexico`s central authority, the Ministry of Foreign Affairs, was the only means of effecting service in Mexico by a claimant residing abroad.
In its decision, the Court held that the translation, which was in fact a bad translation, was only a “polite translation” and should not have been taken into account. On the contrary, Mexico`s original accession documents provided to the Ministry of Foreign Affairs of the Netherlands explain Mexico`s real position. The Hague Service Convention contains guidelines for service on accused persons abroad. Although Mexico was not an original signatory to the Convention, it acceded to it in 1999. The Convention obliges each signatory State to establish a central authority competent to influence service at the request of an applicant residing abroad. In other words, a person in country A can contact the designated central authority in country B to serve the summons and complaint on a defendant. The Hague Service Convention also provides for other methods of service. In particular, Article 8 of the Convention permits service by diplomatic or consular agents of a State. Log in or register (free and only takes a few minutes) to participate in this question. It all sounds simple, doesn`t it? If you wish to serve an accused in Mexico, contact the Mexican Ministry of Foreign Affairs. However, as we will see, it has been anything but easy.
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