Choi v. Kim

Background

On March 4, 2025, Ji Hye Choi submitted documents showing that she sent a summons, but not the complaint, to Yeoung Soo Kim at Kim’s address in the Republic of Korea through Korea Post. The documents showed that Kim received the summons on February 25, 2025.

Service Defects

The court explained that, in cases covered by the Hague Service Convention, service by mail is permitted only if the receiving country has not objected to that method and the applicable law otherwise authorizes it. The court identified at least two problems with Choi’s service attempt.

First, Federal Rule of Civil Procedure 4(c)(1) requires a summons to be served with a copy of the complaint. Second, although the Republic of Korea is a party to the Hague Convention, it objected to sending judicial documents directly to people abroad through postal channels. The court therefore stated that proper service in the Republic of Korea under the Convention requires serving translated versions of the summons and complaint through South Korea’s designated Central Authority.

Deadline and Ruling

The court had previously extended the service deadline to March 6, 2025. It explained that the usual 90-day service limit under Rule 4(m) does not apply when service is made in a foreign country. Instead, the district court must allow a reasonable time for foreign service.

The court extended the time for service under Rule 4 without a date certain. It did not dismiss the case. It stated that the case may be dismissed without prejudice if Choi fails to properly serve Kim within a reasonable time.