Al-Sadhan v. Twitter Inc.

Background

The plaintiffs sued several defendants, including the Kingdom of Saudi Arabia (KSA). They had been unable to serve KSA with the summons and complaint. The plaintiffs asked the clerk to mail those papers to the U.S. Department of State under 28 U.S.C. § 1608(a)(4).

Legal framework

Section 1608(a) provides four methods for serving a foreign state. The first method uses a special service arrangement. The second uses an applicable international convention. The third requires the clerk to send the summons, complaint, and notice of suit—along with translations into the foreign state’s official language—by mail requiring a signed receipt to the foreign state’s foreign-affairs ministry. The fourth method allows sending the papers to the U.S. Secretary of State for transmission through diplomatic channels if service cannot be completed under the third method within 30 days.

Before the clerk could use the fourth method, the plaintiffs had to show that they had satisfied the first three methods. The court found that there was no special service arrangement between the plaintiffs and KSA and no applicable international convention governing service between the United States and KSA. The court also found that the plaintiffs had not shown compliance with § 1608(a)(3) because the summons in their attempted service listed the wrong address.

Ruling

The court ordered the plaintiffs to obtain a new summons containing the address of the Ministry of Foreign Affairs in Riyadh, Saudi Arabia, and to attempt service on KSA again under § 1608(a)(3) before proceeding under § 1608(a)(4). The order did not state that any motion was granted or denied.