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When the plaintiff can only provide thenationality and passport number of the foreign natural person defendant, how can the litigation materials be served to the defendant? -- Answers to Several Difficult Issues Concerning Foreign-related Commercial Trials (Part Two) (2)

by the NingboIntermediate Court

September 6, 2023

Answer: Firstly, it is necessary to determine whether the defendant truly exists. If the foreign natural person has previously entered or exited China or obtained a foreign employment work permit or temporary accommodation registration form for foreign personnel, the court may verify the authenticity of the nationality and passport information provided by the plaintiff to relevant departments in China. If it does not comply, the plaintiff's lawsuit can be dismissed on the grounds that the defendant does not exist. Secondly, on the premise of confirming the existence of the defendant, it should be determined whether the recipient country and China have signed bilateral treaties on mutual legal assistance in civil and commercial matters or whether they are members of the Hague Convention on the Collection of Civil or Commercial Evidence from Abroad. If no bilateral treaty on mutual legal assistance in civil and commercial matters has been signed, and the recipient country is not a member of the Hague Convention on Evidence Collection, and the plaintiff is unable to provide the defendant's other address for service, service can be announced. If there is a bilateral treaty on mutual legal assistance in civil and commercial matters or if the recipient country is a member of the Hague Convention on Evidence Collection, the court may issue an investigation and evidence collection application to the recipient country to retrieve the recipient's residence information in that country, and then carry out foreign delivery according to the residence address provided by the recipient country. If it is impossible to determine the recipient's foreign residence, if the delivery receipt shows that the recipient has not been served, or if the relevant authorities of our country have not received proof of service or not within six months from the date of transmitting the judicial document to the relevant authorities of the recipient's country, and it is insufficient to determine that service has been made based on various circumstances, service may be announced.