In Re Linda Willhite and Rex Willhite, Plaintiffs v. Paulo Rodriguez-Cera and Juan Torres, Defendants

Summary

The court held that Colorado's rule governing service in a foreign country does not make service under an international agreement the exclusive method of serving a defendant who resides abroad, nor does it require service to occur abroad. When the requirements for substituted service are satisfied, service on an appropriate person in Colorado can be a valid alternative, and the Hague Service Convention is not implicated because Colorado law does not require transmittal of documents abroad to complete service. The court therefore made the rule absolute, reversed the order quashing service, and remanded for further proceedings, including consideration of any unresolved requirements for substituted service. Justices Coats and Eid, dissenting, would have held that the mailing requirement triggers the Convention and that the Convention must be complied with.