PFI Services | Process Servers | Request Info | PFI Comparison | Contact Us | About Us 
Username
Password
» Forgot your Password?

» Click Here to Register

Track Process Servers TRACK SERVE
» Click Here
Process Server Reports RUN REPORTS
» Click Here
Process Server Quote GET A QUOTE
» Click Here
 
INTERNATIONAL SERVICE INFORMATION

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

 

Australia

Belgium

Taking Depositions in Brazil

Canada

China

Croatia

Cypress

Czech Republic

Denmark

El Salvador

Fiji

Finland

France

Germany

Greece

Honduras

Hong Kong, S.A.R., China

Indonesia

Ireland

Israel

Italy

Japan

Jordan

Luxembourg

Malaysia

Mexico

Netherlands

New Zealand

Norway

Pakistan

Philippines

Portugal

Singapore

Slovak Republic

Slovenia

Spain

Sweden

Taiwan

Thailand

United Kingdom

 

 

 

 

 

 

 

 

 

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.

Return to Contents

 

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.

Return to Contents

 

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).

Return to Contents

 

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.

Return to Contents

 

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.).

 

Return to Contents

 

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.

 

Return to Contents

 

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.

Return to Contents

 

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.

 

Return to Contents

 

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.

Return to Contents

 

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.

 

Return to Contents

 

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 .

 

Return to Contents

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.

Return to Contents

 

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.

Return to Contents

 

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.

Return to Contents

 

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.

Return to Contents

 

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.

Return to Contents

 

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.

Return to Contents

 

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.

Return to Contents

 

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)

Return to Contents

 

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.

Return to Contents

 

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.

Return to Contents

 

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.

Return to Contents

 

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. 

Return to Contents

 

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.

Return to Contents

 

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. L
etters 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.

Return to Contents

 

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.

Return to Contents

 

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.

Return to Contents

 

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.

Return to Contents

 

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.

Return to Contents

 

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.

Return to Contents

 

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.

Return to Contents

 

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.

Return to Contents

 

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.

Return to Contents

 

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.

Return to Contents

 

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.

Return to Contents

 

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).

Return 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.

Return to Contents

 

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.

Return to Contents

 

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.

Return to Contents

 

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.

Return to Contents

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Back
 
  PFI Home | Place Order | Civil Procedure | About Us | Contact Us
  © Copyright 1998-2012. ABC Legal Services Inc.