Tag Archives: Mexico

Mexico Update: Supreme Court Refuses Recognition of US Judgment On Service of Process Grounds

In a recent post at Cartas Blogatorias, María Mercedes Albornoz has written about a recent amparo case in the Mexican Supreme Court of Justice in which the court refused to reverse a lower court’s decision refusing recognition of a US decision on the grounds that the defendant was not served personally with process.
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Case of the Day: In re Estate of Sucich

Paul Revere
Happy Patriot’s Day! Letters Blogatory wishes all of the runners in today’s marathon good luck.

The case of the day is In re Estate of Sucich (N.Y. Surr. Ct. 2015). Diana Sucich named her nephew, Nicholas Sucich, in her will, and he was therefore entitled to receive service of a citation in the probate case. However, according to the application of the nominated executor, Wolfson, Nicholas was “alleged to be a fugitive from justice and is believed to have resided in Mexico, under an assumed alias [“Nicolas Francisco”], for the past twenty years.” His sister, another named distributee under the will, had email addresses for him that appeared to work. Wolfson sought leave to serve the citation on Nicholas by email.
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Hague Service and Evidence Conventions: The US Central Authority’s Unusual Interpretation

A reader wrote in with the following case. He (a Mexican lawyer) asked PFI, the contractor that carries out the day-to-day work of the Department of Justice in its capacity as central authority for the United States under the Hague Service Convention, to serve a summons on a Mexican national in the United States. The summons would require the Mexican national to appear in court in Tijuana to be questioned about a promissory note he had signed. The Mexican proceeding was a “measure preliminary to a lawsuit,” apparently a proceeding in which the plaintiff gathers the evidence that he needs in order to file a lawsuit.
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