INTERNATIONAL
SERVICE OF PROCESS INFORMATION
Please
note, all of the following service procedures are brief, and therefore,
incomplete summaries of service of process procedure. Reference the United States Department of State, or a particular
countrys government website.
TABLE OF CONTENTS
SERVICE
OF PROCESS IN AUSTRALIA
Foreign Service officers are
prohibited by Federal Regulation (22 C.F.R. 92.85) from serving process on
behalf of private litigants or appointing others to do so, state law
notwithstanding. Australia is not a party to the Hague Convention on the Service
Abroad of Judicial and Extrajudicial Documents in Civil or Commercial
Matters. Service may be accomplished by
international registered mail, return receipt requested. It is possible to retain the services of a
private process server in Australia to effect service of process. The process
server can execute an affidavit of service before a U.S. consular officer at
the U.S. embassy or one of the U.S. consulates in Australia, which can be submitted
as proof of service in the United States.
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SERVICE OF PROCESS IN BELGIUM
Only a private individual may utilize the expeditious
procedure by sending requests for personal service to the "Chambre nationale
des Huissiers". Administrative tribunals and all types of government
attorneys must utilize the Belgium Letter Rogatory procedure. Summing up obtention of personal service in
Belgium, in order to transmit documents for personal service directly to the
"Chambre nationale des Huissiers", the requesting authority
should be described, when possible, as a private person. The "Chambre
Nationale" simply will not honor requests coming to it directly from
American courts, administrative tribunals or government attorneys. In cases
where the request for personal service emanates from one of these three
categories, an alternative procedure for obtaining service must be used, such
as submission to the Central Authority in civil cases and the Letter Rogatory procedure
in administrative and criminal cases.
Belgium has no objection to service of process by mail in
administrative, civil or criminal cases. Information regarding registered mail
into Belgium from the United States may be obtained from any U.S. Post Office. Belgium is not a party to the Hague Evidence
Convention.
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SERVICE
OF PROCESS IN BRAZIL
Brazilian
authorities do not permit persons, such as American attorneys, to take
depositions for use in a court in the United States before a U.S. consular
officer, with the assistance of a Brazilian attorney, or in any other manner.
Brazilian law views the taking of depositions for use in foreign courts as an
act that may be undertaken in Brazil only by Brazilian judicial authorities.
The Government of Brazil asserts that, under Brazilian Constitutional Law, only
Brazilian judicial authorities are competent to perform acts of a judicial
nature in Brazil. Brazil has advised it would deem taking depositions in Brazil
by foreign persons to be a violation of Brazil's judicial sovereignty. Such
action potentially could result in the arrest, detention, expulsion, or
deportation of the American attorney or other American participants. The United
States recognizes the right of judicial sovereignty of foreign governments
based on customary international law and practice; See, e.g., the Restatement
(Third) of Foreign Relations Law (1987).
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SERVICE OF PROCESS IN CANADA
No foreign diplomatic,
consular or law enforcement officer may carry out service in Canadian territory
without the consent of the Government of Canada. As a result, Canada has
traditionally required that either Canadian public officials, the sheriff (in
Quebec, the huissier ) of the appropriate judicial district, or private
process-servers retained by a party to the litigation effect the required
service. Also, formal service of American legal documents in Canada does not per
se require the recognition or enforcement in Canada of any ensuing
judgment, decree or order that an American court may render. The most direct way to serve American legal
documents in Canada is by forwarding duplicate sets of the documents in English
(preferably with a French translation in Quebec) directly to the sheriff/huissier
in whose judicial district you need service effected. The names and addresses
of these provincial officials are listed in Canada Law List, a legal directory
available in most law libraries of the Canada Law Book Limited, 80 Cowdrawy
Court, Agincourt, Ontario M1S 1S5, Canada. The cost for this service varies
depending on the number of attempts at service. When there is no urgency and no
difficulty locating or serving the person to whom the documents are addressed,
the sheriffs/huissier's services are generally least expensive and
simplest to effect. Otherwise, it is
usually more effective to retain a licensed private process server and, if the
whereabouts of the person to be served are unknown, a private tracing service may
be used. Firms providing these services are listed in Canadian telephone
directories under "Process Servers"/"Huissiers Exploitants"
and "Tracing Bureaus." Private process servers are the most
expeditious agents for effecting service of foreign legal documents in
Canada. The last direct method of
serving U.S. legal documents in Canada is by International Registered Mail. The
United States Postal Service instructions on International Registered Mail
include information on mail service to Canada. Canada does not object to this
form of service on sovereignty grounds.
Canada's accession to the Hague Convention on the Service Abroad of
Judicial and Extra-Judicial Documents in Civil and Commercial Matters (20 UST
361; TIAS 6638) provides a simple but indirect method for effecting service in
civil and commercial matters when more direct means prove inappropriate or
unfeasible. The text of the treaty is published inter alia in the Law
Digest Volume of the Martindale-Hubbell Law Directory under the heading,
"Selected International Conventions," and as an annotation to Rule 4
of the Federal Rules of Civil Procedure in 28 U.S.C.A. Canadian officials
familiar with Hague Convention procedures indicate that service of U.S.
documents will usually be faster using one of the three direct service methods
described above. However, for those unique cases where service through Hague
Convention procedures is deemed preferable, the process is described
below. Under the Convention, the party
seeking service submits a request to the designated Central Authority on Form
USM-94, Request for Service Abroad of Judicial and Extra-Judicial Documents.
The form is reprinted as an annex to the Convention in Martindale-Hubbell
and is obtainable from any U.S. Marshall's Service office. Requestors submit
duplicates of the completed request form and documents to be served, together
with any necessary translations, directly to the Central Authority of the
province or territory where the entity to be served resides. They may also
submit requests to the Federal Central Authority, which will in turn transmit
them to the appropriate provincial or territorial Central Authority. The
Central Authority transmits the request to competent authorities that serve the
documents. After effecting service, these authorities complete the Certificate
of Service that appears on the reverse of the USM-94 form and return it with
one copy of the documents served directly to the requester. At the option of
the requester, the Central Authority also will effect service by certified mail
in Alberta and New Brunswick and by any form of mail in Ontario.
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SERVICE OF PROCESS IN CHINA
China is a party
to the Hague Convention on Service Abroad of Judicial and Extra-Judicial
Documents in Civil and Commercial Matters (20 U.S.T. 361, T.I.A.S. 6638; 28
U.S.C.A. (Appendix following Rule 4 FRCvP); 16 I.L.M. 1339 (1977)). The
Convention entered into force between the U.S. and China in 1991. (See Rule
4(f)(1) F.R.Cv. P.) For a detailed discussion of the operation of the Hague
Service Convention, see our flyer on the Convention. Service can be effected in China under the Convention through the
Chinese Central Authority. A request for service by the Central Authority can
be made by an attorney by submitting the documents to be served under cover of
form USM-94, in duplicate to the foreign central authority.
"Duplicate" means a completed USM-94, one original English version of
the documents to be served (summons must bear seal of the court); one
translation of all documents to be served; plus a photocopy of all of the above
which constitutes the second set of document). The Convention forms themselves
(USM-94) do not need to be translated. The Convention form (USM-94) is
available at the office of any United States Marshal and is reprinted in the
Martindale Hubbell Law Directory, Law Digest Volume, Selected International
Conventions, after the text of the Hague Service Convention. American courts have held that formal
objections to service by mail made by countries party to a multilateral treaty
or convention on service of process at the time of accession or subsequently in
accordance with the treaty are honored as a treaty obligation, and litigants
should refrain from using such a method of service. See DeJames v.
Magnificence Carriers, Inc., 654 F.2d 280 (3d Cir. 1981), [cert. den., 454
U.S. 1085]; Porsche v. Superior Court , [123 Cal. App. 3d 755,] 177 Cal.
Rptr. 155 (1981). Service by registered mail should not be used in China, which
notified the Hague Conference on Private International Law and the Government
of the Netherlands (the depository) on accession, ratification or subsequently
that it objects to service in accordance with Article 10, sub-paragraph (a) of
the Convention, via postal channels. See Memorandum of the Administrative
Office of the U.S. Courts (November 6, 1980) at Cumulative Digest of United
States Practice in International Law, 1981-1988, Department of State, Office of
the Legal Adviser, 1447 (1994) or Ristau, Sec. 3-1-9, p. 70.2 (1995 supp.).
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SERVICE OF PROCESS IN CROATIA
Croatia is not a
party to the Hague Convention on the Service Abroad of Judicial and Extra-Judicial
Documents in Civil or Commercial Matters. Service of process in Croatia can be
accomplished by a variety of methods. If eventual enforcement of a U.S.
judgment in the foreign country is foreseen, it may be prudent to consult local
foreign legal counsel to ascertain if a particular method of service must be
used for service to be considered valid in the foreign jurisdiction. Service of process in civil cases in Croatia
may be affected by international registered mail, Letters Rogatory or by personal
service by an agent, generally a Croatian attorney. Lists of Croatian attorneys
are available from the Department of State, Office of American Citizens
Services or directly from the U.S. Embassy in Croatia. Proof of service would
be in the form of an affidavit executed before a U.S. consular officer by the
individual effecting service. Letters Rogatory must be translated into Croatian. The letters
rogatory request should be addressed to the Croatian Foreign Ministry, which is
charged with transferring the case to the Ministry of Justice. The Ministry of
Justice will then transmit the letter rogatory to the pertinent court for
action.
SERVICE OF PROCESS
IN CYPRESS
The Cypriot Central
Authority has informed the Hague Conference for Private International Law that
all documents forwarded to them for service under the provisions of the
Convention must be in duplicate and must be written in or translated into
Greek; the Request and Convention form (USM-94) may be completed in
English. If personal service is
required, strike out methods (a) and (c) on the Request for Service form
(USM-94) and indicate method (b) on the form, noting that the documents should
be served personally upon the person or company to be served. To obtain guidance on completing the USM-94
form, consult our general flyer on the "Hague Service Convention"
available via our home page on the Internet or via our automated fax service
(see Additional Information below).. The completed request form and documents
to be served (two copies of each) should be mailed by requesting counsel as the
"applicant" directly to the foreign Central Authority as provided by
Article 3 of the Convention. Service of
process by international registered mail is permitted under Cypriot law in
administrative and civil cases.
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SERVICE OF PROCESS IN CZECH REPUBLIC
On January 28, 1993,
the Czech Republic declared itself to be bound by the Hague Convention on the
Service Abroad of Judicial and Extra-Judicial Documents in Civil and Commercial
Matters - including reservations and declarations made by Czechoslovakia, which
acceded to the Convention February 6, 1975 - as of January 1, 1993, date of the
division of Czechoslovakia. Service can
be effected in the Czech Republic under the Convention through the Czech
Central Authority. A request for service by the Central Authority can be made
by an attorney by submitting the documents to be served under cover of form
USM-94, in duplicate to the foreign central authority." The Convention
form (USM-94) is available at the office of any United States Marshal and is
reprinted in the Martindale Hubbell Law Directory, Law Digest Volume, Selected
International Conventions, after the text of the Hague Service Convention. The summons, complaint and any other
documents to be served must be translated into Czech and submitted in
duplicate. See the general flyer on the operation of the Hague Service
Convention for details.
SERVICE OF PROCESS IN DENMARK
The Denmark Central Authority has informed the Hague Conference
for Private International Law that translation is not required. The addressee,
however, has the right to refuse receipt of a document made out in a foreign
language. In such case service can only be effected if the document is
translated into Danish. All documents forwarded for service under the
provisions of the Convention must be in duplicate. The Request and Summary
are not translated. There is generally
no fee required in connection with service through the Central Authority under
the Convention. If personal service is
required, strike out methods (a) and (c) on the Request for Service form
(USM-94) and indicate method (b) on the form, noting that the documents should
be served personally upon the person or company to be served.
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SERVICE OF PROCESS IN EL SALVADOR
El Salvador is not
a party to any international convention or treaty on service of documents or
obtaining evidence to which the United States is also a party. Judicial
assistance is governed generally by the Vienna Convention on Consular Relations
(Article 5 (f) and (j), 21 UST 77, 596 UNTS 261) to which the United States and
El Salvador are parties. There are a variety of methods of effecting service of
process as explained below. Procedures are not limited to letters rogatory.
Voluntary depositions can be taken on notice or pursuant to a commission and
need not be taken on U.S. consular premises, although a U.S. consular seal is
generally required in order for the proceeding to be admissible in the United
States (28 U.S.C. 1781). Compulsion of evidence can be obtained pursuant to a
letter rogatory. There is no treaty in force on enforcement of judgments.
SERVICE
OF PROCESS IN FIJI
22 CFR 92.85
prohibits U.S. consular officers from serving process abroad. 28 U.S.C. 1783 authorizes U.S. consular
officers to service subpoenas on U.S. citizens and permanent resident aliens
abroad. See also 22 CFR 92.86. 28
U.S.C. 1696; 28 U.S.C. 1781 (transmittal of letters rogatory). Service of process can be effected in Fiji
in a variety of ways:
1. International registered mail,
return receipt requested.
2. Personal service by agent can be
accomplished by retaining a Fijian attorney who will serve the documents and
execute an affidavit of service at the U.S. embassy. There is a $55.00 fee for
the U.S. consular officer''s notarial service. (Fees effective February 1,
1998. See Federal Register, Public Notice 2653, December 1, 1997, Volume 62,
Number 230, page 63478-63485.) Lists of attorneys are available from the Office
of American Citizens Services,
3. Letters Rogatory: Letters rogatory
have never been used for service of process in Fiji. The Office of American
Citizen Services would be prepared to transmit such a request, but could not
estimate how long it would take to execute, if at all. See Additional
Information below for instructions on how to obtain our flyer on Preparation of
Letters Rogatory .
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SERVICE OF PROCESS IN FINLAND
Finland and the
United States are parties to the Hague Convention on the Service Abroad of
Judicial and Extra-Judicial Documents in Civil or Commercial Matters (20 UST
361, TIAS 6638; 28 USCA (Appendix following Rule 4 FRCvP); 16 I.L.M. 1339
(1977)). The Hague Service Convention provides for service by international
registered mail, by agent and by formal request to the foreign Central
Authority. (See Rule 4(f)(1) F.R.Cv. P.) For a detailed discussion of the
operation of the Hague Service Convention, consult our flyer on the Convention
. Service can be effected in Finland under the Convention through the Finnish
Central Authority. A request for service by the Central Authority can be made
by an attorney by submitting the documents to be served under cover of form
USM-94, in duplicate to the foreign Central Authority. The Convention form
(USM-94) is available at the office of any United States Marshal and is
reprinted in the Martindale Hubbell Law Directory, Law Digest Volume, Selected
International Conventions, after the text of the Hague Service Convention. If personal service is required, strike out
methods (a) and (c) on the Request for Service form (USM-94) and indicate
method (b) on the form, noting that the documents should be served personally
upon the person or company to be served.
To obtain guidance on completing the USM-94 form, consult our general
flyer on the Hague Service Convention . The completed request form and
documents to be served (two copies of each) should be mailed by requesting
counsel as the "applicant" directly to the foreign Central Authority
as provided by Article 3 of the Convention.
The Finnish Central Authority has informed the Hague Conference for
Private International Law that a translation is not required; however, if the
addressee does not accept a document made out in a foreign language, service
can only be effected if the document is translated into one of the official
languages of Finland, i.e. Finnish or Swedish, or if the addressee must be deemed
to understand the foreign language. All documents forwarded to them for service
under the provisions of the Convention must be in duplicate. On letters rogatory Finland does not
undertake to execute requests made in English; requests must be made in Finnish
or Swedish, and the response will be given in Finnish unless Swedish has been
specifically requested. Service of
process by international registered mail is permitted under Finnish law in
administrative, civil, and criminal cases.
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SERVICE OF PROCESS IN FRANCE
Upon receipt of a
request, the French Central Authority refers it to the appropriate Procureur
General (roughly the equivalent of a U.S. District Attorney) who assigns it to the
local police for service. There is no charge for service if made through the
French Central Authority and no charge for the return of a certificate of
affidavit for service.
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SERVICE OF PROCESS IN GERMANY
The FRG is party,
as is the United States, to The Hague Convention on the Service Abroad of
Judicial and Extra-Judicial Documents in Civil and Commercial Matters, 28 USCA
(Appendix following Rule 4 FRCvP); Martindale-Hubbell International Law Digest,
Part VII: "Selected International Conventions" (1993 Edition). Pursuant to the Convention personal service
may be obtained by sending a completed "Request and Summary" (See
Martindale- Hubbell for the appropriate forms), with the documents to be served
directly to the appropriate Central Authority. It is important to read the
footnotes of the Convention, which contain the German reservations. Footnote
7a, following the text of the Convention, contains the German reservations. The
reservations include the addresses for the designated Central Authorities. Each
"Land", or state, of the FRG has its own Central Authority. A list
with addresses for those Authorities is also included in this flyer. A request form may also be obtained from any
U.S. Marshall''s office. Ask for Memorandum No. 386, Revision 3. One of the German reservations states that
the documents to be served must be accompanied by German translations. This is
a requirement upon which the Central Authorities generally insist. The
documents to be served and their translations should be in duplicate. The
"Request and Summary" themselves need not be translated into
German. Service of process in the FRG
can be obtained through the method prescribed by the Convention. Any other
methods of service, including attempts at service by mail, are considered
illegal in the FRG and an affront to its judicial sovereignty.
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SERVICE
OF PROCESS IN GREECE
Greece and the
United States are parties to the Hague Convention on the Service Abroad of
Judicial and Extra-Judicial Documents in Civil or Commercial Matters (20 U.S.T.
361, T.I.A.S. 6638; 28 U.S.C.A. (Appendix following Rule 4 FRCvP); 16 I.L.M.
1339 (1977)). The Hague Service Convention provides for service by international
registered mail, by agent and by formal request to the foreign central
authority (see Rule 4(f)(1) F.R.Cv. P). For a detailed discussion of the
operation of the Hague Service Convention, consult our flyer on the Convention
. Service can be effected in Greece under the Convention through the Greek
Central Authority. A request for service by the Central Authority can be made
by an attorney by submitting the documents to be served under cover of form
USM-94 in duplicate to the foreign central authority. The Convention form
(USM-94) is available at the office of any United States Marshal and is
reprinted in the Martindale Hubbell Law Directory, Law Digest Volume, Selected
International Conventions, after the text of the Hague Service Convention. The Greek Central Authority has informed the
Hague Conference for Private International Law that all documents forwarded to
them for service under the provisions of the Convention must be in duplicate
and must be written in or translated into Greek. Personal Service: If personal service is required, strike out
methods (a) and (c) on the Request for Service form (USM-94) and indicate
method (b) on the form, noting that the documents should be served personally
upon the person or company to be served.
To obtain guidance on completing the USM-94 form, consult our general
flyer on the Hague Service Convention available via our home page on the
Internet or via our automated fax service. The completed request form and
documents to be served (two copies of each) should be mailed by requesting
counsel as the "applicant" directly to the foreign Central Authority
as provided by Article 3 of the Convention.
Personal service by agent may be effected in Greece. Only Greek bailiffs
can be hired for this purpose, although the assistance of a Greek attorney is
permitted. Documents served through a bailiff must be translated into Greek. If
the translation is performed in the U.S., the translator must attest to the
validity of the translation before a notary public, whose signature must be
certified by the State Secretary using the 1961 Hague Convention Apostille.
Alternatively, the documents may be translated by a Greek consulate in the U.S.
or by the translation office of the Greek Ministry of Foreign Affairs at a cost
of approximately $10-12 per page. Service of process by bailiffs is permitted
in Greece only in civil cases. In criminal cases, service must be requested
through letters rogatory. U.S. consular
officers will serve criminal subpoenas emanating from U.S. Federal Courts upon
U.S. citizens only (22 CFR 92.86). 28 U.S.C. 1783 provides the statutory
authorization for consular assistance in this narrow range of cases. Service by mail is not prohibited, but it is
not considered valid service under Greek law. If enforcement of a judgment in
Greece is anticipated, service should be accomplished by some other method.
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SERVICE OF PROCESS IN HONDURAS
Honduras is not a
party to any international convention or treaty on service of documents or
obtaining evidence to which the United States is also a party. Judicial
assistance is governed generally by the Vienna Convention on Consular Relations
to which the United States and Honduras are parties. There are a variety of
methods of effecting service of process. Procedures are not limited to letters
rogatory. Voluntary depositions of U.S. citizens only can be taken on notice or
pursuant to a commission and need not be taken on U.S. consular premises,
although a U.S. consular seal is generally required in order for the proceeding
to be admissible in the United States. Depositions of non-U.S. citizens must be
taken by letters rogatory. Compulsion of evidence can be obtained pursuant to a
letter rogatory. There is no treaty in force on enforcement of judgments.
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SERVICE OF PROCESS IN HONG KONG
Hong Kong and the
United States are parties to the Hague Convention on the Service Abroad of Judicial
and Extra-Judicial Documents in Civil or Commercial Matters (20 U.S.T. 361,
T.I.A.S. 6638; 28 U.S.C.A. (Appendix following Rule 4 FRCvP); 16 I.L.M. 1339
(1977)). The Hague Service Convention provides for service by international
registered mail, by agent and by formal request to the foreign central
authority. (See Rule 4(f)(1) F.R.Cv. P.) For a detailed discussion of
the operation of the Hague Service Convention, consult our flyer on the
Convention (See "Additional Information" below). Service can be
effected in Hong Kong under the Convention through the Hong Kong Central
Authority. A request for service by the Central Authority can be made by an
attorney by submitting the documents to be served under cover of form USM-94,
in duplicate to the foreign central authority." The Convention form
(USM-94) is available at the office of any United States Marshal and is
reprinted in the Martindale Hubbell Law Directory, Law Digest Volume, Selected
International Conventions, after the text of the Hague Service Convention. The Hong Kong Central Authority has informed
the Hague Conference for Private International Law that all documents forwarded
to them for service under the provisions of the Convention must be in duplicate
and must be written in or translated into English. No Chinese translation is
required. There are generally no costs
incurred in connection with service through the central authority under the
Convention. If personal service is
required, strike out methods (a) and (c) on the Request for Service form
(USM-94) and indicate method (b) on the form, noting that the documents should
be served personally upon the person or company to be served. To obtain guidance on completing the USM-94
form, consult our general flyer on the Hague Service Convention. The completed request form and documents to
be served, (two copies of each), should be mailed by requesting counsel as the
"applicant" directly to the foreign Central Authority as provided by
Article 3 of the Convention. See our flyer, Hague Service Convention, for
details regarding completion and transmittal of the forms and accompanying
documents. Hong Kong did not make any
reservations with respect to service by international registered mail or
service by agent. However, Hong Kong advises that service by the Convention is
the preferred method. If the services
of a U.S. consular officer are required to administer an oath to the witness,
interpreter and stenographer, such arrangements must be made in advance with
the U.S. Embassy directly. Contact the U.S. Embassy in Indonesia to schedule a
deposition of willing witnesses directly on U.S. consular premises, to arrange
the participation of a consular officer to administer oaths off-site, or to
obtain information about court reporters, stenographers or interpreters. Our
general flyer, Obtaining Evidence Abroad, include a checklist of the specific
information inquirers should include in requests to the U.S. Embassy. The Office of American Citizen Services
information flyer entitled Obtaining Evidence Abroad includes step-by-step
instructions for what information you should fax to U.S. consular officers at
the American Embassy in Indonesia to arrange for voluntary depositions. Local, State or U.S. Government officials
must have formal U.S. Embassy and Host Country clearance before traveling to a
foreign country to conduct informal interviews related to judicial assistance
matters or depositions. If participation of such officials is envisioned, they
should contact the East Asia and Pacific Division of the Office of American
Citizens Services, which will transmit the request for host country clearance
to the U.S. Embassy in Jakarta for transmittal to the Foreign Ministry of
Indonesia. Police clearance does not constitute formal host country clearance.
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SERVICE OF PROCESS IN INDONESIA
Indonesia is not a
party to the Hague Convention on Obtaining Evidence Abroad. Compulsion of
evidence is obtained pursuant to a letter rogatory. A letter rogatory is a
request from a court in the U.S. addressed "to the Appropriate Judicial
Authority" of the foreign country. See our general information flyer,
"Preparation of Letters Rogatory" for details about the process.
There are no laws or regulations specifically relating to the use of Indonesian
courts for the taking of depositions requested by foreign courts, nor is there
clear precedent to which one can refer in determining how to approach the
Indonesian courts on this matter. Requesting
counsel should be aware that when letters rogatory are executed by foreign
courts which compel the appearance of a witness to answer written
interrogatories, the evidence is taken in accordance with the rules of the
foreign court. In most cases an American attorney will not be permitted to participate
in such a proceeding. Occasionally a foreign attorney may be permitted to
attend such a proceeding and even to put forth additional questions to the
witness. Not all foreign countries utilize the services of court reporters or
routinely provide verbatim transcripts. Sometimes the presiding judge will
dictate his recollection of the witness''s responses to his secretary.
Generally letters rogatory worldwide, including those sent to the United
States, take from six months to a year to execute. In addition to the general guidance in our flyer Preparation of
Letters Rogatory , keep in mind that any letter rogatory intended for use in
Indonesia must include the following: Reciprocity: an offer of reciprocal
assistance; Costs: a statement expressing willingness to reimburse the
Indonesian judicial authorities for costs incurred in execution of the letter
rogatory;
Translations: a certified translation in Indonesian attached to the English
copy (although not a requirement, this will expedite processing in
Indonesia). Authority to Issue the
Letter Rogatory: The letter rogatory must include the signature of the judge
and the seal of the court. Any summons accompanying the letter rogatory must
include the seal of the court;
Authentication: The letter rogatory and any accompanying documents must be
authenticated (also called legalized) by the Indonesian Embassy, 2020
Massachusetts Ave., N.W., Washington, D.C. 20036, tel: 202-775-5200. Contact
the Consular Section of the Indonesian Embassy for details about requisite
fees. Our general information flyer, Authentication of Documents for Use Abroad
includes step-by-step instructions about this process.
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SERVICE OF PROCESS IN IRELAND
Ireland ratified
the Hague Convention on the service abroad of judicial and extra-judicial
documents in civil and commercial matters on June 4, 1994. This has little
changed previous practice, as the procedures formerly in place still apply.
International service of process by registered mail is allowed in Ireland, but
this method will only record delivery to an address and not to a person.
Service is effected, in principle, through the Chief State Solicitor, although
service by any person is valid. The majority of cases are effected by letters
rogatory, the requirements of which are stated below. Letters rogatory must be forwarded to the American Embassy,
Dublin, Ireland by a U.S. Court through the United States Department of State
for transmission to an Irish Court through the Legal Section of the Irish
Department of Foreign Affairs (DFA)
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SERVICE OF PROCESS IN ISRAEL
Israel and the
United States are parties to the Convention on the Service Abroad of Judicial
and Extrajudicial Documents in Civil or Commercial Matters, signed at The Hague
on November 15, 1965. It is our
understanding that Israel will process a request for service of documents only
if the request "emanates from a judicial authority or from the diplomatic
or consular representation of a contracting state". It does not consider
private attorneys to be officers of the court.
We have noted that Israels Central Authority under the Convention
rejects requests for service showing an attorney or private party as the
applicantunless the request is forwarded through diplomatic channels, i.e.,
sent by the Department of State to the American Embassy in Tel Aviv, which then
transmits it to the Israeli Ministry of Foreign Affairs, which sends it to the
Ministry of Justice, which ensures that it reaches the Central Authority. Since
such rejections and transmission through diplomatic channels delay the service
of documents, we suggest that persons seeking service in Israel put the name
and address of a judge, clerk of court, or other judicial official in the space
for information on the applicant, and have that official sign the service
request. If that is not possible, a covering letter from the judge or clerk to
the Director of Courts (Israels Central Authority) might enable the request to
be served without going through diplomatic channels.
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SERVICE OF PROCESS IN ITALY
Italy and the
United States are parties to the Hague Convention on the Service Abroad of Judicial
and Extra-Judicial Documents in Civil or Commercial Matters (20 U.S.T. 361,
T.I.A.S. 6638; 28 U.S.C.A. (Appendix following Rule 4 FRCvP); 16 I.L.M. 1339
(1977)). The Hague Service Convention provides for service by international
registered mail, by agent and by formal request to the foreign central
authority. (See Rule 4(f)(1) F.R.Cv. P.) For a detailed discussion of
the operation of the Hague Service Convention, consult our flyer on the
Convention. Service can be effected in Italy under the Convention through the
Italian Central Authority. A request for service by the Central Authority can
be made by an attorney by submitting the documents to be served under cover of
form USM-94, in duplicate to the foreign central authority. The Convention form
(USM-94) is available at the office of any United States Marshal and is
reprinted in the Martindale Hubbell Law Directory, Law Digest Volume, Selected
International Conventions, after the text of the Hague Service Convention. The Italian Central Authority has informed
the Hague Conference for Private International Law that all documents forwarded
to them for service under the provisions of the Convention must be in duplicate
and must be written in or translated into Italian. If personal service is required, strike out methods (a) and (c)
on the Request for Service form (USM-94) and indicate method (b) on the form,
noting that the documents should be served personally upon the person or
company to be served. To obtain
guidance on completing the USM-94 form, consult our general flyer on the Hague
Service Convention. The completed
request form and documents to be served, (two copies of each), should be mailed
by requesting counsel as the "applicant" directly to the foreign
Central Authority as provided by Article 3 of the Convention. See our flyer,
Hague Service Convention, for details regarding completion and transmittal of
the forms and accompanying documents.
Italy did not make any reservations with respect to service by
international registered mail, but did make a reservation with respect to
service by agent. Italy did not object
to service by postal channels (Article 10(a)) when it acceded to the Hague
Service Convention. Therefore, service can be effected by international
registered mail (return receipt requested) or any of the overnight or rapid
delivery services which provide a returned receipt as proof of service.
Information regarding service by international mail may be obtained from most
U.S. Post Offices. The Italian Central
Authority has informed the Department of State that documents being served by
mail need not be translated into Italian unless the party being served
specifically requests a translation.
The Italian Central Authority has informed the Hague Conference for
Private International Law that only judicial officers working for the Italian
courts may serve documents in Italy (Article 10 (b and c)). Private attorneys
or individuals are not authorized to effect service in Italy.
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SERVICE OF PROCESS IN JAPAN
General Summary:
It is our understanding that Japanese law permits the taking of a deposition of
a willing witness for use by a court in the United States only if the
deposition is presided over by a U.S. consular officer pursuant to a court
order or commission, and is conducted on U.S. consular premises, Rule 28
Federal Rules of Civil Procedure; Rule 15, Federal Rules of Criminal Procedure
notwithstanding. This understanding is based on extensive discussions between
the Department of State and the Japanese Embassy in Washington, and between the
American Embassy in Tokyo and the Japanese Ministry of Justice. Persons traveling from the United States to
Japan to participate in depositions must obtain a special Japanese deposition
visa from the Japanese Embassy or Consulate in the United States. Any effort to
conduct a deposition in Japan in any other way could be viewed as a violation
of the judicial sovereignty of Japan and might result in the arrest and/or
deportation of the person attempting to take a deposition in Japan outside
these procedures. These procedures have been established pursuant to the U.S. -
Japan Consular Convention, as a result of extensive discussions between the
Department of State and the Embassy of Japan.
Please inform all attorneys, for both the plaintiff and the defense of
the above requirements, particularly the special deposition visa. Any local, state or federal prosecutor,
attorney, investigator, etc. attempting to obtain evidence in Japan should
contact the Office of American Citizens Services, Department of State for
additional, specific assistance. General requirements for local, state and
federal government officials are summarized in this flyer. This office will be
pleased to assist local, state and federal government officials in making the
necessary arrangements to obtain evidence in Japan. Officials travelers are
required to obtain their own passports and visas and must obtain the necessary
court orders or letters rogatory explained in this information flyer.
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SERVICE OF PROCESS IN JORDAN
Jordan is not a
party to the Hague Convention on the Service Abroad of Judicial and
Extra-Judicial Documents in Civil or Commercial Matters nor is Jordan a
signatory to any international convention pertaining to judicial assistance.
Service of process in Jordan can be accomplished by a variety of methods.
If enforcement of a U.S. judgment in the foreign country is foreseen, it may be
prudent to consult local foreign legal counsel to ascertain if a particular
method of service must be used for service to be considered valid in the
foreign jurisdiction. Personal service
by an agent, generally a Jordanian attorney or a notary public, provided the
deponent properly acknowledges service and a U.S. court will accept this
procedure. Lists of Jordanian attorneys are available from the Department of
State, Office of American Citizens Services and directly from the U.S. Embassy
in Amman. Proof of service would be in the form of an affidavit executed
before a U.S. consular officer by the individual effecting service. Jordanian law provides for service of legal
process through a court. A U.S. court may formally undertake a Jordanian
court to do this. Jordanian law also
provides for service of legal process through a notary public. A
private attorney may serve process, provided the deponent properly acknowledges
service and the U.S. court will accept this procedure. Service by registered mail is not sufficient
proof of legal process. The use of
letters rogatory to effect service of process in Jordan is not generally
encouraged since it can take more than a year to accomplish and local Jordanian
authorities may be unfamiliar with the procedure and therefore reluctant to
execute such a request. It may be necessary to consult local foreign
counsel on this matter. Letters
rogatory are transmitted to the recipient through the Ministry of Foreign
Affairs, accompanied by Diplomatic Note. The rogatory letter for action
in Jordan must be translated into Arabic and served on the deponent by the
competent Jordanian court. The rogatory letter should be legalized by the
competent authorities in the place of its issue and authenticated by the U.S.
Embassy in Jordan. This documentation will ultimately have to be
processed in Jordan for subsequent service on the deponent or on the official
authority before whom the deposition is to be made. Although there is no
specific requirement, letters rogatory should be triple certified.
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SERVICE OF PROCESS IN LUXEMBOURG
Luxembourg and the
United States are parties to the Hague Convention on the Service Abroad of
Judicial and Extra-Judicial Documents in Civil or Commercial Matters (20 U.S.T.
361, T.I.A.S. 6638; 28 U.S.C.A. (Appendix following Rule 4 FRCvP); 16 I.L.M.
1339 (1977)). The Hague Service Convention provides for service by
international registered mail, by agent and by formal request to the foreign
central authority. (See Rule 4(f)(1) F.R.Cv. P.) For a detailed
discussion of the operation of the Hague Service Convention, consult our flyer
on the Convention . Service can be effected in Luxembourg under the Convention
through the Luxembourg Central Authority. A request for service by the Central
Authority can be made by an attorney by submitting the documents to be served
under cover of form USM-94, in duplicate to the foreign central
authority." The Convention form (USM-94) is available at the office of any
United States Marshal and is reprinted in the Martindale Hubbell Law Directory,
Law Digest Volume, Selected International Conventions, after the text of the
Hague Service Convention. If personal
service is required, strike out methods (a) and (c) on the Request for Service
form (USM-94) and indicate method (b) on the form, noting that the documents
should be served personally upon the person or company to be served. To obtain guidance on completing the USM-94
form, consult our general flyer on the Hague Service Convention available via
our home page on the Internet or via our automated fax service. The completed request form and documents to
be served, (two copies of each), should be mailed by requesting counsel as the
"applicant" directly to the foreign Central Authority as provided by
Article 3 of the Convention. See our flyer, Hague Service Convention, for
details regarding completion and transmittal of the forms and accompanying
documents. Luxembourg did not make any
reservations with respect to service by international registered mail or
service by agent.
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SERVICE OF PROCESS IN MALAYSIA
Service by an agent can be
accomplished by retaining a Malaysian attorney who will serve the documents and
execute an affidavit of service at the U.S. embassy. Letters rogatory are a cumbersome
procedure. Before proceeding to attempt to effect service of process by letters
rogatory, you may wish to consult local legal counsel in Malaysia to confirm
that this is necessary. Malaysia is not
a party to the Hague Legalization Convention Abolishing the Requirement for
Legalization of Foreign Public Documents. Documents originating in Malaysia
intended for use in the United States must be authenticated before a U.S. consular
officer in Malaysia.
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SERVICE OF PROCESS IN MEXICO
There
are three methods by which service of process may be accomplished in
Mexico. There is no provision in Mexico
law specifically prohibiting service by international registered mail, if
enforcement of a judgment in Mexico courts is not anticipated. this method is
provided for in rule 4(I) Federal Rules of Civil Procedure, Title 28, United
States Code. For proceedings in state courts, however, check the rules of your
court to ascertain whether this method is available. There is no provision in Mexican law specifically prohibiting
service by agent, if enforcement of a judgment in Mexico courts is not
anticipated. Personal service is accomplished by this method, wherein the
Mexican attorney serves the document and executes an Affidavit of Service
before a U.S. consul or vice-consul at the American Embassy or nearest
consulate. (c). Service by Letters Rogatory.
If enforcement of a judgement in Mexican courts is anticipated, service
of process by letters rogatory is the exclusive method to follow, since the
Mexican courts will not recognize service by international registered mail or
by agent. The United States and Mexico
are parties to the Inter-American Convention on Letters Rogatory, signed at
Panama on January 30, 1975. Service by letters rogatory may be accomplished
pursuant to the Convention (see Matrindale-Hubbel law Directory, Selected
International Conventions, 1990 Edition). Under this Convention, requests are
prepared on a Convention form and transmitted via the U.S, Central Authority in
the Department of Justice to the Mexican central Authority. Mexico acceded to the Hague Convention on
the Service Abroad of Judicial and Extra-Judicial Documents on May 30, 2000.
The Convention entered into force for Mexico on June 1, 2000. Under this
Convention, requests for service are sent directly by the requester to the
foreign central authority for service. In its instruments of accession to the
Convention, Mexico declared the General Direction of Legal Affairs of the
Ministry of Foreign Affairs (la Direccieneral de Asuntos Jurcos de la
Secretarde Relaciones Exteriores) as the Central Authority to receive
requests for service of judicial and extrajudicial documents coming from other
Contracting States and which will in turn forward them to the competent
judicial authority for its compliance. Documents to be served in Mexico must be
translated into Spanish. By a Note dated 7 May 2001, the Embassy of Mexico at
The Hague advised that besides English and French, request forms addressed to
the Mexican Central Authority should be filled in Spanish, according to Article
7 of the Convention.
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SERVICE OF PROCESS IN THE NEATHERLANDS
The Netherlands
and the United States are parties to the Hague Convention on the Service Abroad
of Judicial and Extra-Judicial Documents in Civil or Commercial Matters (20 UST
361, TIAS 6638; 28 USCA (Appendix following Rule 4 FRCvP); 16 I.L.M. 1339
(1977)). The Hague Service Convention provides for service by international
registered mail, by agent and by formal request to the foreign Central
Authority. (See Rule 4(f)(1) F.R.Cv. P.)
Service can be effected in the Netherlands under the Convention through
the Dutch Central Authority. A request for service by the Central Authority can
be made by an attorney by submitting the documents to be served under cover of
form USM-94, in duplicate to the foreign Central Authority. The Convention form
(USM-94) is available at the office of any United States Marshal and is
reprinted in the Martindale Hubbell Law Directory, Law Digest Volume, Selected
International Conventions, after the text of the Hague Service Convention. The Dutch Central Authority has informed the
Hague Conference for Private International Law that all documents forwarded to
them for service under the provisions of the Convention must be in duplicate
and must be written in or translated into Dutch; the Request and Convention form
(USM-94) may be completed in English.
If personal service is required, strike out methods (a) and (c) on the
Request for Service form (USM-94) and indicate method (b) on the form, noting
that the documents should be served personally upon the person or company to be
served. To obtain guidance on
completing the USM-94 form, consult our general flyer on the Hague Service
Convention available via our home page on the Internet or via our automated fax
service. The completed request form and
documents to be served, (two copies of each), should be mailed by requesting
counsel as the "applicant" directly to the foreign Central Authority
as provided by Article 3 of the Convention.
Service of process by international registered mail is permitted under
Dutch law in administrative, civil, and criminal cases.
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SERVICE OF PROCESS IN NEW ZEALAND
22 CFR 92.85
prohibits U.S. consular officers from serving process abroad. 28 U.S.C. 1783 authorizes U.S. consular officers
to serve subpoenas on U.S. citizens and permanent resident aliens abroad. See
also 22 C.F.R. 92.86. 28 U.S.C. 1696;
28 U.S.C. 1781 (transmittal of letters rogatory)
Service of process
can be effected in New Zealand in a variety of ways. New Zealand is not a party to the Hague Service Convention.
Methods of Service: 1. International registered/certified mail, return receipt
requested; 2. Personal service by an agent can be accomplished by retaining a
New Zealand attorney who will serve or arrange for service of the documents and
execute an affidavit of service at the U.S. Consulate General in Auckland.
Effective June 1, 2002, there is a $30.00 fee for the first notarial service
requested, and a $20 fee for each additional seal provided at the same time in
connection with the same transaction. See Federal Register, May 16, 2002,
Volume 67, Number 95, Rules and Regulations, Page 34831-34838; 22 CFR 22.1,
Item No. 41(a) and 41(b). 3. Letters Rogatory: Letters rogatory are not
required for service in New Zealand and are not recommended given the fact that
they generally take 6 months to a year to execute.
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SERVICE OF PROCESS IN NORWAY
Norway and the
United States are parties to the Hague Convention on the Service Abroad of
Judicial and Extrajudicial Documents in Civil and Commercial Matters (the
Service Convention), 28 USCA (Appendix following Rule 4 FRCVP); VII Martindale-Hubbell
Law Directory, Part VII, (Selected International Conventions) at 1-8.; 20
UST 361, TIAS No. 6638. The exclusive method available for obtaining personal
service in Norway in civil cases is a "Request and Summary" pursuant
to the Service Convention (See Martindale-Hubbell, above at pages 6-8
for models of the appropriate forms), with the documents to be served, directly
to the Norwegian Central Authority. Actual forms may be obtained from any U.S.
Marshal''s office. Documents to be served should be translated into
Norwegian and both originals and translations should be sent in duplicate.
Norway has declared, pursuant to its right under the Service Convention that it
objects to service of process by mail from abroad in civil and commercial
cases.
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SERVICE OF PROCESS IN PAKISTAN
The Government of
Pakistan acceded to The Hague Convention on the Service Abroad of Judicial and
Extrajudicial Documents in Civil or Commercial Matters, and on August 1, 1989,
the Convention entered into force for Pakistan. The Government of Pakistan has
designated the Solicitor, Ministry of Law, Justice and Parliamentary Affairs, R
Block, Pakistan Secretariat, Islamabad, Pakistan, as the Central Authority to
receive requests for service. Such requests should be sent directly to the
Central Authority. If an attorney in the U.S. is making the request for service
in accordance with Rule 4 of the Federal Rules of Civil Procedure, the attorney
should cite that rule on the request form. Accompanying documents should
preferably be in English or translated into English. However, documents in the
Urdu language only, if not translated into English, could also be accepted.
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SERVICE OF PROCESS IN THE PHILIPPINES
The Philippines is
not a party to the Hague Convention on the Service Abroad of Judicial and
Extra-Judicial Documents in Civil or Commercial Matters. Service of process in
the Philippines can be accomplished by a variety of methods: Service by
international registered mail , return receipt requested; Personal service by
an agent , generally a Philippine attorney. Lists of Philippine attorneys are
available from the Department of State, Office of American Citizens Services
and directly from the U.S. Embassy in Manila. The Philippine attorney may also
arrange for service by a Philippine process server. Proof of service would be
in the form of an affidavit executed before a U.S. consular officer by the
individual effecting service; Direct Service by a Philippine Process Server: It
is our understanding that Section 17, Rule 14 and Section 3, Rule 13 of the
Philippine Rules of Court provide that process servers, sheriffs of each
Philippine province and their deputies, as well as other offices of the
Philippine court such as attorneys, may effect service. Service by Publication;
Service Pursuant to a Letter Rogatory : The use of letters rogatory to effect
service of process in the Philippines is not common practice, and is not
generally encouraged since it can take more than a year to accomplish and local
Philippine authorities may be unfamiliar with the procedure and therefore
reluctant to execute such a request.
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SERVICE OF PROCESS IN PORTUGAL
Portugal and the
United States are parties to the Hague Convention on the Service Abroad of
Judicial and Extra-Judicial Documents in Civil or Commercial Matters (20 U.S.T.
361, T.I.A.S. 6638; 28 U.S.C.A. (Appendix following Rule 4 FRCvP); 16 I.L.M.
1339 (1977)). The Hague Service Convention provides for service by
international registered mail, by agent and by formal request to the foreign
central authority. (See Rule 4(f)(1) F.R.Cv. P.) Service can be
effected in Portugal under the Convention through the Portuguese Central
Authority. A request for service by the Central Authority can be made by an
attorney by submitting the documents to be served under cover of form USM-94,
in duplicate to the Portuguese Central Authority. The Portuguese Central Authority has informed the Hague
Conference for Private International Law that all documents forwarded to them
for service under the provisions of the Convention must be in duplicate and
must be translated into Portuguese. If
personal service is required, strike out methods (a) and (c) on the Request for
Service form (USM-94) and indicate method (b) on the form, noting that the
documents should be served personally upon the person or company to be
served. The completed request form (in
English), plus two English and two Portuguese versions of all documents to be
served, should be mailed by requesting counsel as the "applicant"
directly to the Portuguese Central Authority as provided by Article 3 of the
Convention. The Government of Portugal did not make any reservations with
respect to service by mail or by agent.
Portugal did not object to service by postal channels (Article 10(a))
when it acceded to the Hague Service Convention. Therefore, service may be
effected by international registered mail (return receipt requested) or any of
the overnight or rapid delivery services which provide a returned receipt as
proof of service. Information regarding international registered mail is
available through your local U.S. Post Office.
Portuguese Justice Ministry officials (court clerks and process servers)
are the only persons authorized to effect service in Portugal. Attorneys are
not empowered to do so. Any attempt to serve by agent (other than through the
Portuguese Central Authority) is in violation of Portuguese domestic law. The Portuguese Central Authority has
informed the Department of State that documents sent to the Portuguese Central
Authority for service must be translated into Portuguese. Documents being
served by mail on a party in Portugal need not be translated into Portuguese
unless a) the party being served refuses to accept the documents; or b)
initially accepts but subsequently returns the documents with a statement
requesting a Portuguese language version. Failure to provide a translation when
serving by mail may prevent enforcement of any subsequent judgment in Portugal.
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SERVICE OF PROCESS IN SINGAPORE
Singapore is not a
party to the Hague Convention on the Service Abroad of Judicial and
Extra-Judicial Documents in Civil or Commercial Matters. U.S. consular officers
are prohibited by Federal regulation from serving process abroad, state and
local law or foreign law to the contrary notwithstanding. Service of process in Singapore can be
accomplished by a variety of methods listed below. For a detailed explanation
of these methods, see our general information flyer, Service of Process Abroad.
If eventual enforcement of a U.S. judgment in Singapore is foreseen, it may be
prudent to consult local Singapore legal counsel for guidance on the
appropriate method of service to follow to avoid possible problems with
enforcement in the future. Service by international registered mail, return
receipt requested; Service by an agent, generally a Singapore attorney. Lists
of Singapore attorneys are available from the Department of State, Office of
American Citizens Services and directly from the U.S. Embassy in Singapore.
Proof of service would be in the form of an affidavit executed before a U.S.
consular officer service. Service Pursuant to a Letter Rogatory : Procedures
for service of process pursuant to a letter rogatory in Singapore are governed
by Order 65 of the Rules of the Supreme Court of Singapore of 1970. Requests
are transmitted via the diplomatic channel to the Singapore Ministry of Foreign
Affairs. The Registrar of the Singapore Supreme Court serves the documents in
accordance with local (Singapore) law.
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SERVICE
OF PROCESS IN THE SLOVAK REPUBLIC
Note: On March 15,
1993, the Slovak Republic declared itself to be bound by the Hague Convention
on the Service Abroad of Judicial and Extra-Judicial Documents in Civil or
Commercial Matters including reservations and declarations made by
Czechoslovakia in its accession September 23, 1981, as well as objections by
Czechoslovakia in respect of reservations made by other Treaty Parties - as of
January 1, 1993, the date of the division of Czechoslovakia.
The Hague Service
Convention (20 U.S.T. 361, T.I.A.S. 6638; 28 U.S.C.A. (Appendix following Rule
4 FRCvP); 16 I.L.M. 1339 (1977)), provides for service by international
registered mail, by agent and by formal request to the foreign central
authority. (See Rule 4(f)(1) F.R.Cv. P.) Service can be effected in the Slovak Republic under the
Convention through the Slovak Central Authority. A request for service by the
Central Authority can be made by an attorney by submitting the documents to be
served under cover of form USM-94, in duplicate to the foreign central
authority." The summons,
complaint and any other documents to be served must be translated and submitted
in duplicate. If personal service is
required, strike out methods (a) and (c) on the Request for Service form
(USM-94) and indicate method (b) on the form, noting that the documents should
be served personally upon the person or company to be served. The completed request form and documents to
be served, (two copies of each), should be mailed by requesting counsel as the
"applicant" directly to the foreign Central Authority as provided by
Article 3 of the Convention. The Slovak
Republic made specific reservations objecting to service through postal
channels.
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SERVICE OF PROCESS IN SLOVENIA
SLOVENIA is not a
party to the Hague Convention on the Service Abroad of Judicial and
Extra-Judicial Documents in Civil and Commercial Matters. Therefore, service of
process may be effected by letters rogatory only. Slovenian internal legislation does not prescribe any special
form for the composition of letters rogatory. However the following information
must be included in the request: the name of the court and judge requesting
judicial assistance; a description of the case (or a description of the
criminal offenses if it is a criminal matter); and any other information
necessary to explain the request for judicial assistance. It may be necessary
to consult local foreign consul on this matter. Slovenia does not require authentication of letters rogatory by
the Embassy of Slovenia in the United States.
Letters rogatory must be signed and stamped by the issuing agency. In
addition, letters rogatory and enclosures must be in the Slovene language or
have a Slovene translation attached. As
the Republic of Slovenia has acceded to the Vienna Convention on Consular
Relations, consular officers technically may serve federal or state criminal
subpoenas as stipulated by the convention. However, this has not yet occurred
in practice.
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SERVICE OF PROCESS IN SPAIN
Spain and the
United States are parties to the Hague Convention on the Service Abroad of
Judicial and Extra-Judicial Documents in Civil or Commercial Matters (20 UST
361, TIAS 6638, 28 USCA (Appendix following Rule 4 FRCvP), 16 ILM 1339
(1977)). An attorney can make a request
for service to the Central Authority by submitting the documents to be served
under cover of form USM-94 in duplicate.
The Spanish Central Authority has informed the Hague Conference for
Private International Law that all documents forwarded to them for service
under the provisions of the Convention must be in duplicate and must be written
in or translated into Spanish.
Requesting counsel as the "applicant" should mail the
completed request form and documents to be served (two copies of each) directly
to the foreign Central Authority as provided by Article 3 of the Convention.
Spain did not make any reservations with respect to service by international
registered mail. Spain did not object
to service by postal channels (Article 10(a)) when it acceded to the Hague
Service Convention. Therefore, service can be effected by international
registered mail (return receipt requested) or any of the overnight or rapid
delivery services which provide a returned receipt as proof of service.
Information regarding service by international mail may be obtained from most
US Post Offices. The Spanish Central
Authority has informed the Department of State that unless the party to be served
accepts service voluntarily, the documents being served by mail must be
translated into Spanish. The Spanish
Central Authority has not presented any objection to service by agent under
Article 10 (b and c).
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to Contents
SERVICE
OF PROCESS IN SWEDEN
One of the Swedish
reservations therein states that the documents to be served must be accompanied
by a Swedish translation. The "Request and Summary" themselves need
not be translated into Swedish. Any
private person may serve process in Sweden.
An agent or a Swedish attorney could also be hired to do so. However, in civil cases, American consular
officers cannot serve process. Sweden
has no objection to service of process by mail from abroad. Information
regarding the sending of registered mail into Sweden from the United States may
be obtained from any U.S. Post Office.
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SERVICE OF PROCESS IN TAIWAN
Service
of process in Taiwan can be effected by international registered mail/return receipt
requested; by agent, generally a local attorney; or pursuant to a letter
rogatory. The attorney or agent can
execute an affidavit of service before a travel officer at the American
Institute in Taiwan (AIT). If
enforcement of a judgment is anticipated, however, Taiwan may not consider
service by registered mail or by agent acceptable and may require that service
be effected pursuant to a letter rogatory.
See below for a discussion of special elements necessary in preparation
of a letter rogatory for use in Taiwan.
In accordance with 22 U.S.C. 3305 and 3306 (a)(1), AIT officers have
authority to provide notarial services in connection with oaths, affirmations,
affidavits or depositions, and to perform any notarial act which any notary
public is required or authorized by law to perform within the United States.
(See also The National Notary, Yearbook, 1980, p. 67.) Local, state or federal prosecutors or other
Government attorneys, investigators, etc. intending to travel to Taiwan in
connection with a judicial assistance matter should contact the Office of
American Citizens Services for information about obtaining "host
country" clearance for such travel.
Letters rogatory can be used to effect service of process and to compel
production of documents or testimony of an unwilling witness in Taiwan. Letters rogatory should contain an offer of
reciprocal assistance. They should also include a statement expressing the
willingness of the requesting court to reimburse the Taiwan judicial
authorities for costs incurred in executing the letter rogatory; Letters
rogatory to Taiwan should be in English with certified translations in Mandarin
Chinese; The letter rogatory should be addressed to the "Appropriate
Judicial Authority of Taiwan"; Please note: In accordance with U.S.
policy, please refrain from using the terminology "Republic of China"
in the letter rogatory or any accompanying documents and translations. Please
refer to Taiwan simply as Taiwan.
Letters Rogatory should be accompanied by a certified check for $735.00
payable to American Institute in Taiwan.
If the letter rogatory requests the taking of evidence, the Taiwan court
will not permit examination of witnesses by attorneys; witnesses would be
examined by the court on the basis of written questions. A full transcription
of the deposition, in Chinese, is available and should be specifically
requested in the letter rogatory.
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SERVICE OF PROCESS IN THAILAND
Thailand is not a
party to the Hague Convention on the Service Abroad of Judicial and
Extra-Judicial Documents in Civil or Commercial Matters. Service of process in
Thailand can be accomplished by a variety of methods. If eventual enforcement
of a U.S. judgment in Thailand is anticipated, consult foreign legal counsel
regarding the appropriate method of service to follow. Service by international
registered mail, return receipt requested; Personal service by an agent ,
generally a Thai attorney. Lists of Thai attorneys are available from the
Department of State, Office of American Citizens Services and directly from the
U.S. Embassy or Consulate in Thailand. Proof of service would be in the form of
an affidavit executed before a U.S. consular officer service. Service Pursuant to a Letter Rogatory: The
use of letters rogatory to effect service of process in Thailand is not common
practice, and is not generally encouraged since it can take more than a year to
accomplish and local Thai authorities may be unfamiliar with the procedure and
therefore reluctant to execute such a request. It may be useful to consult
foreign legal counsel before proceeding with this time consuming procedure.
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SERVICE OF PROCESS IN THE UNITED
KINGDOM
The U.K. and the
U.S. are parties to the Hague Convention on the Service Abroad of Judicial and
Extra-Judicial Documents in Civil and Commercial Matters, 28 U.S.C.A. Appendix
following Rule 4, F.R.CV.P.; VII Martindale Hubbell Law Directory, Volume VII
(Selected International Conventions); 20 U.S.T. 361; T.I.A.S. 6638. To obtain personal service in the U.K. under
the Convention, the documents to be served should be appended to the Convention
request form (See form following the Convention text). A preprinted request
form is available from the U.S. Marshals Service. Ask for form No. USM 94. The
British Central Authorities require that the court in the United States be the
applicant for service under the Convention. Therefore, the court must be shown
as the applicant and the requesting authority on the USM 94 and the clerk of
court must sign the form. American
Consular Officers are prohibited from serving judicial documents in civil
cases. (22 C.F.R 92.85-92.) However, the U.K. allows local solicitors to serve
process. The U.K. has not declared that
it objects to Article 10(a) of the Hague Service Convention. Therefore, service
by international registered mail is permitted.
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