David S. Willig: The Civil-Law Notary: A Bridge Between Worlds

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DAVID S. WILLIG, ESQ. – The word "notary” is usually associated in the public mind with a quasi-official who pulls out his or her stamp when someone needs a witness for an oath or some other legal transaction. Only three hours of classroom time are required to be a notary public in Florida, but the Civil-Law Notary is very different. These notaries, where they are part of the legal landscape, are high-level legal professionals who handle important transactions.   In creating this designation, the Florida Legislature realized one of its greatest unsung achievements. The Scope of the Profession The Civil-Law Notary is intended to function similarly to that of notaries in “civil law” jurisdictions such as Quebec and Argentina, not incidentally two of Florida’s most important international economic partners. Asian countries such as Japan and China also have adopted … [Read more...]

Anthony De Yurre: Strategies to Serve Process on International Defendants

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BY ANTHONY DE YURRE, ESQ – International demographics lead to international defendants. Unfortunately, service of process on international defendants creates extensive motion practice, including evidentiary hearings. In order to avoid delay and expense, service of process regarding international defendants must be an integral part of early litigation strategy. Both Federal and Florida law provide the same method of service for defendants abroad. Fed. R. Civ. P. 4(f) provides for service outside the United States, "by any internationally agreed means of service that is reasonably calculated to give notice, such as those authorized by the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents." Additionally, Fla. Stat. §48.193(3) provides that, "[S]ervice of process upon any person subject to the jurisdiction of the courts of this state as provided in … [Read more...]