Process: Basis for and methods of service in a foreign

Alabama Rules of Civil Procedure

Rule: 4.4

Jurisdiction: AL

Bluebook Citation: Ala. R. Civ. P. 4.4

country. Unless otherwise provided by law, service of process in a foreign country may be effected: (1) by any internationally agreed means reasonably calculated to give notice, such as those means authorized by the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents; or (2) if there is no internationally agreed means of service or the applicable international agreement allows other means of service, provided that service is reasonably calculated to give notice: (A) in the manner prescribed by the law of the foreign country for service in that country in an action in any of its courts of general jurisdiction; or (B) as directed by the foreign authority in response to a letter rogatory or letter of request; or (C) unless prohibited by the law of the foreign country, by (i) delivery to the individual personally of a copy of the summons and the complaint; or (ii) any form of mail requiring a signed receipt, to be addressed and dispatched by the clerk of the court to the party to be served; or (3) by other means not prohibited by international agreement as may be directed by the court. (dc) District court rule. Rule 4.4 applies in the district courts. [Adopted 10-14-76, eff. 1-16-77; Amended eff. 10-1-95; Amended eff. 8-1-2004.] Committee Comments on 1977 Complete Revision Committee Comments to October 1, 1995, Amendment to Rule 4.4 The procedure for service in a foreign country set forth in this rule cannot be followed if it would conflict with the provisions of a treaty between the foreign country and the United States of America. For example, where mail service of process was rejected as a means of service in the Federal Republic of Germany pursuant to the Hague Convention, the provisions for such service contained in

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