回复：如何拿到原告在美国法院起诉的证据

来源: apt 于 2014-03-06 09:04:11 [档案] [博客] [旧帖] [给我悄悄话] 本文已被阅读：次 (1210 bytes)

回答: 如何拿到原告在美国法院起诉的证据由 hpy329 于 2014-03-06 07:23:48

These are public record that you can either print from the court website for a small fee or go down to the courthouse to make a copy. Besides that, however, you raised a very important question that most courts in this country are struggling with. That is, which court, the state court in New York, or the Chinese court, has jurisdiction. Within this country, we have abstention doctrines that courts will yield to others who can claim jurisdiction. Concurrent jurisdiction is not allowed. However, jurisdiction is a concern of sovereignty in international dispute. China, in particular, does not allow concurrent jurisdiction but does not yield to foreign court under international comity. As stated in Chinese Civil Procedure Law, if both parties are Chinese citizens, which I assume you are, Chinese court takes jurisdiction regardless whether the same case is filed overseas, as long as one party files the case with a Chinese court. Which means, any conflicting US court orders are not enforceable in China. The Chinese court probably will not stay the proceeding pending the case in New York. Meanwhile, your NY case is also in jeopardy because you will face jurisdiction issues and service issues.