Willhite v. RODRIGUEZ-CERA

39 I join Justice Coats' dissent. I write separately to address the majority's conclusion that - "mailing [to the defendant] is not required to complete service" under Rule 4(£), and that therefore the Hague Convention does not apply to this case. Maj. op. at €24. Under the plain language of Rule 4(£)(2), the court "shall ... order the process to be mailed to the address(es) of [the defendant] ... on or before the date of delivery" of process to the substitute party. C.R.C.P. 4(f)(2) (emphasis added). Thus, service is complete only after the process has been mailed to the defendant and…