Section 11-8.Orders of Notice Directed outside of the United States of America
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
Full Text of Section 11-8
Amendment History
(P.B. 1978-1997, Sec. 202A.)
Plain-English Summary
Section 11-8 applies when a party cannot serve process under an applicable international treaty or convention within sixty days of the summons being issued. In that situation, the judicial authority may issue an order of notice upon a party's application, providing an alternative way to reach a defendant located outside the United States.
In deciding what manner and form of notice to order, the judicial authority must consider five things: other service methods allowed under the applicable treaty or convention, including any reservations; whether the treaties or conventions prohibit substituted service altogether; which method offers the greatest likelihood that the party being served will get actual and timely notice so they can appear and defend; whether a given method would violate the foreign country's law, particularly its criminal law; and whether an actual agent of the party being served can be served within the United States instead.
Frequently Asked Questions
When can a court order notice under Section 11-8?
When service of process cannot be made under the applicable international treaty or convention within sixty days from the issuance of the summons.
What factors does the court weigh before ordering substitute notice abroad?
The court considers other methods allowed by the treaty, whether substituted service is prohibited, which method best ensures actual timely notice, whether a method would violate foreign criminal law, and whether an agent can be served within the United States.
Can this order be used if an agent of the foreign party can be served in the US?
The availability of serving an actual agent within the United States is one of the five factors the judicial authority must consider in choosing the manner and form of notice.