Judicial notice of divorce proceedings

Judicial notice of divorce proceedings

In 2006, the plaintiff, Mr. Watch. US citizen, became necessary notification to appear before the civil court of California of his ex-wife - a citizen of the Russian Federation Mrs. A. as required by the rules of the Convention in 1965, at the start of the proceedings the plaintiff presented to the court documents showing proper notice of the defendant through the central competent authority in this case through the Russian consulate in California.

The judge, in spite of the written confirmation of the Russian Consulate acceptance of mail, however, each time on a different period (from 4 to 10 months) for two years, postponing the hearing "for proper notification by the competent authority of the Russian Federation."

Despite all the evidence that the defendant was still aware of the upcoming trial, the latter due to the disadvantages of his position did not wish his participation in an event. This situation clearly indicates the abuse of the right and could continue indefinitely. The petition of the plaintiff on the use of other available methods of notification, such as through the services of commercial mail, fax or by sending e-mails or by telephone - the court did not accept.

In this case, an example of a lack of traceable settlement of the question of judicial notice, which was the basis of a tightening process. The party was able to delay the trial, and the court, acting on the basis of the law, gave her the opportunity and almost helped her litigiousness. The plaintiff also being very interested in a proper notice of his ex-wife on the advice of a lawyer appealed for help to the national private company for the service of documents Process Forwarding International.

On the recommendation of Process Forwarding International representative plaintiff contacted the Russian private detective, who suggested a fee to carry out the procedure for the delivery of court documents. The author, being a man of curious, of course, agreed to participate in such an event.

The desire to use the skills of a detective in a new for himself as fueled by the knowledge of the procedural difficulties faced by Russian lawyers regularly when notices in court proceedings. In addition, the author found that the practice would lay the groundwork for the development of new scientific methods in the field of procedures for the proper notification of the defendant with respect to international and domestic law.

June 25, 2008 Detective received a package from a lawyer with the purchase notice A citizen-term - the defendant 1-05-FL-130852. In an accompanying letter in Russian provided information on a court case: name of the court; the name of the claimant; the defendant's name and address; The list of documents to be transmitted in person and order securing of evidence testifying to proper notification of the defendant.

The next day, June 26 the package was handed over personally to Mrs. A. in her residence. Two days later, the author visited the US Embassy and the notary safely assured his testimony under oath about the proper notification of the defendant. Notarized Affidavit evidence was sent to the lawyer postal service DHL.