How The Central Authority Works in Norway

Written by: Undisputed Legal Inc.

This article will provide guidance on How The Central Authority Works in Norway. Norway’s political system is based on a constitutional monarchy that is both democratic and representative. Under the prime minister’s leadership, the Norwegian cabinet, or Council of State, is responsible for exercising executive authority. The administration and the elected legislature, the Storting, which operates under a multi-party system, have legislative authority. Legislative or executive actions do not influence judicial decisions. Click Here for information on the Code of Civil Procedure in Norway.

Norway will only accept and enforce foreign judgments if they result from a treaty or statute. The Hague Service Convention (the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters) is one of Norway’s main treaties for international process service. Norway also is a signatory to multilateral conventions like the Lugano Convention. As such, a private process service agency like Undisputed Legal is vital. A private process service agency can serve papers according to the country’s specific treaty and internal law. Our local process servers in Norway can serve documents according to the country’s multicultural requirements. Click here for How the Hague Convention Simplifies International Process Service.

About the Hague Service Convention

The State Secretariat for Civil Affairs of Norway (Statens sivilrettsforvaltning) is the Central Authority in Norway. The governors, the Labour and Welfare Administration, and the courts (including conciliation boards) can forward documents. The Central Authority sends the document to the appropriate District or City Court, which is then instructed to perform service. Although the court may sometimes accomplish service itself, a process server like those at Undisputed Legal usually does it. Click Here for Frequently Asked Questions About Process Servers!

Utilizing a local process server like those at Undisputed Legal is always helpful. Requests for translation into Norwegian, Swedish, or Danish, or documents translated into one of these languages that do not include an imminently scheduled hearing date, may be sent by regular mail. (A document must be written in Norwegian, Danish, or Swedish. An exception to this rule applies if the document is intended to be delivered only to an addressee who willingly accepts it. Nevertheless, there are instances when the Ministry of Justice could authorize document delivery if it believes the recipient can comprehend the language. Click here for information on How To Identify A Good Process Service Agency

The Central Authority in Norway

There is a partisan political post inside the Norwegian executive branch known as statssekretaer, the State Secretary in Norway. A Norwegian state secretary is not the highest-ranking official in the ministry but rather the second-in-command, which is different from the role of secretary of state in many other nations. Click here for information on How Rush Process Service Can Expedite Your Case.

To ensure the protection of individual rights and the smooth operation of justice systems, the State Secretariat Civil Affairs Department handles various specialized matters. The Director General for the Department of Civil Affairs is Jostein Solberg. Click here for information on How Service of Process Ensures A Solid Foundation.

Court infrastructure, grassroots civil justice administration (including mediation boards), and other responsibilities are under the purview of this agency. Various forms of compensation and the central guardianship authority are also to be followed up by the department. The division is also in charge of coordinating legal efforts on a global scale. Managing subordinate and linked agencies and entities, conducting financial analyses, research and development, and construction-related issues are the department’s Section for Finance and Governance responsibilities. Click here for information on How Process Servers Protect Your Rights: Myths Debunked

In addition to maintaining professional relations with the National Courts Administration, the Secretariat’s Division for Courts, Lawyers, and Legal Aid manages and creates court-related rules. The Extradition, Prosecution, and Criminal Procedure Section governs foreign legal cooperation about extradition, arrest warrants, letters of request, and relevant international forums. Click here for information on How To Overcome Language Barriers in Process Service

The SRF, Norway’s Civil Justice Administration, oversees the country’s criminal and civil justice programs. Good administration of justice and protection of individual rights and equality under the law are essential goals of the arrangements. As of 2023 and beyond, the Norwegian Civil Affairs Authority (SRF)has been responsible for secretarial duties for the board that oversees forced returns and asylum for foreigners. They also took on the role of principal judge for the Hague Conventions of 1965 and 1970 about service and evidence collection. Norway’s Central Authority can communicate and coordinate more effectively through our private process servers at Undisputed Legal. To ensure that foreign papers are served efficiently, our servers can communicate with the Norwegian Central Authority, which handles document service requests. Click here for information on How Timelines Are Important in Process Serving.

Service of Foreign Papers in Norway

Norwegian statutes about the acknowledgment and execution of foreign judgments – the Norwegian Civil Procedure Act, the Norwegian Enforcement Act, and the Lugano Convention- are the principal authorities on the subject.

No matter the judgment in the signatory state, the Lugano Convention ensures that it will be enforced in Norway with the same effect as in the signatory state. A court official’s cost or expenditure determination, writs of execution, decrees, orders, judgments, and so on are all clearly included. Furthermore, the Convention establishes the enforceability of interim and preventive measures.

For judgments rendered in failure of the defendant’s attendance, it is necessary to ensure that the defendant was properly served with the document initiating the proceedings. The tenets of Norwegian procedural law consequently place importance on a local process server like those at Undisputed Legal.

The judgment will not be acknowledged if it was made in default of service. The first requirement in Norway is that the defendant has enough time to prepare a case after being served. The timing of formal service, rather than the defendant’s actual awareness of the document, determines the service timeline. The amount of time that is considered adequate will be decided on an individual basis. The primary regulation in Norway is that the defendant must file their defense pleading no later than three weeks after being served.

Code regulations about the defendant’s or claim’s association with the forum decide whether a case is eligible for service of process abroad. The court will need evidence of proper service if the respondent fails to show up. The proceeding will be halted until the court is satisfied that service was made correctly or that sufficient time was allowed for responding. Nonetheless, the court’s or the defendant’s discovery of a remediable fault often does not lead to the dismissal of the proceedings.

Specific rules regarding the use of official process servers are laid forth in the Courts of Justice Act. In addition to the rules governing substituted and personal service by process servers, the Act specifies that private service, such as regular mail, shall be effective upon receipt acknowledgment by the addressee. It is necessary to verify the signature on the receipt unless the recipient is a public official or a lawyer. Consequently, our Undisputed Legal process servers can ensure your papers are delivered according to Norway’s Courts of Justice Act.

To expedite the process of serving legal documents in Denmark and Sweden, the Norwegian courts send the necessary paperwork by regular mail to the appropriate court or authority. When possible and in line with the foreign state’s laws and policies, Norwegian diplomatic or consular officials will serve foreign nationals by the regulations regulating service in Norway. For states that desire or demand it, foreign authorities will carry out service requests in the form of letters rogatory sent via diplomatic channels.

Foreign Service of Papers

In most cases, requests for assistance sent via diplomatic channels are honored. Following their transmission from the Ministry of Foreign Affairs to the Ministry of Justice, the letters rogatory containing these requests are then sent to the court of first instance for the location where the service is to be performed. To carry out the request, the court appoints a formal process server. Legal documents, such as summonses, may be sent directly to the recipient by a person or foreign authority via registered mail by our Undisputed Legal process servers.

Norwegian Courts of Justice Act establishes the legal framework for petitions to the court to assist with litigation taking place outside of Norway. Demands for papers, requests to take evidence in Norwegian courts, and demands for service of foreign documents are all governed by Section 46 of the Courts of Justice Act. The seeking authority, the case type, and the complete names and addresses of the persons involved must be included in requests to acquire evidence. Explaining the specific facts giving rise to the request is also required. If the request is issued by an official foreign body and written in a language Norway recognizes, the court has further grounds to examine.

Therefore, for the needed papers to be provided by Norwegian legislation, they must be adequately detailed. For instance, requests to submit all relevant papers or emails may be denied. Additionally, the court may ask the asking authority to be more explicit about which papers are required. The need to adhere to international legal norms and the participation of several jurisdictions make serving foreign papers in Norway a challenging task. Our Undisputed Legal process servers have expertise in serving foreign documents in Norway. We make sure to tailor our servers’ methods to meet the unique needs of your case.

Notary public in Norway

One way a document may be publicly confirmed is with a notarial confirmation. It is a notary public who verifies the transaction. It is essential to present proper identification to the public notary. Any paperwork a party may plan to use in a foreign country may need to be notarized. Companies, organizations, or governments from other countries often ask for this. It is common practice to request an additional form of document authentication, such as a Ministry of Foreign Affairs legalization or an apostille from the State Administrator.

A notary public will be required to have some legitimate identification. Proper identification entails an identity card, a modern Norwegian driver’s license, and a Norwegian bank card, including a picture of a Norwegian or another national citizen from an EEA or EFTA member state. Here, the notary public verifies that the party is the authorized signatory to this document. Verification by a translator approved by the state is necessary as a confirmation when the notary public verifies the translator’s signature on the document. The notary public further validates the translator’s state-authorized status.

At the notary public’s office, the translator presents the document, together with the proper identity, the translator’s license, and the stamp. A notary public witnesses the translator’s signature. Here, the notary public attests to the authenticity of a document. Unfortunately, not all original papers may be certified by a notary public. Norwegian notaries do not certify degrees or other documents issued by different countries.

Legalization is required before a document issued in Norway may be used legally in another nation. The Ministry of Foreign Affairs often handles document legalization. Affixing an apostille by the County Governor certifies the document as legally binding. All qualifying nations are kept on an up-to-date list by the Ministry of Foreign Affairs. The document must be notarized, meaning it must be signed and confirmed by a notary public before the County Governor may issue an apostille. While the apostille cannot guarantee that the contents of a document are accurate, it may verify that the notary public’s or translator’s signature is authentic.

Legalization of Norwegian papers for submission to foreign authorities is a service provided by the Ministry of Foreign Affairs. When the document is legalized, the Ministry verifies the authenticity of a Norwegian document’s signature and stamp and the signature of an authorized public authority. The process of legalization does not verify the document’s integrity. A notary public (often the district court) certifies the document, and The Ministry then officially approves it. In most cases, the embassy or consulate of the nation whose passport it is intended for usage will also need to certify it in Oslo.

The original or certified copies of any document bearing the stamp and signature of a notary public, papers bearing the official seal of a county governor, and police certificates with the official seal and signature can be legalized. Only papers intended for use inside Norway may have their signatures certified by the Ministry. This applies to documents issued by foreign embassies and consulates in Norway.

Sending documents in by mail also guarantees their return by mail. Legalization paperwork cannot be delivered by recorded delivery; only regular mail is acceptable. Along with the document, include a stamped, addressed envelope and mention the country of usage. Norwegian Posten requires the party to register their name and address before they may send you papers by mail. It is also necessary that the individual identify their mailbox. Document(s) may take up to ten business days to be returned. To make it easier to recognize and enforce foreign judgments and legal procedures, our process servers will ensure that foreign papers served in Norway comply with the standards of these treaties.

Power of Attorney in Norway

‘power of attorney’ refers to the person deciding to establish such a document. One may designate someone as ‘power of attorney’ or ‘future power of attorney’ to manage their affairs. A future power of attorney is a private legal substitute for standard safety procedures. Future power of attorney documents may sometimes be a substitute for guardianship. Parties can maintain some level of independence even after they lose the capacity to make choices for themselves with a durable power of attorney. Appointing a guardian is unnecessary if the power of attorney for the future meets the client’s requirements.

Parties need to be at least eighteen years old and mentally capable of comprehending a power of attorney to do this. A natural person or individuals may serve as a proxy. For instance, parties cannot choose an accounting business or legal firm as a proxy, but they may identify an individual lawyer or accountant, as they are considered natural people.

A written power of attorney is required. It has to be stated clearly that a power of attorney may only be used when the grantee cannot care for their interests within the scope of a power of attorney due to a mental or physical impairment. Two witnesses attesting to the acceptance of a power of attorney are required to sign the future document. The witness’s signature alone is insufficient. Additionally, the party must sign the power of attorney document, or at least acknowledge signing it, in the presence of the witness.

Additionally, the future power of attorney must include when the power of attorney was legally established. If there are any questions about whether you understood the significance of the power of attorney when it was sent, the date on the future document might be the deciding factor. The witness’s name, date of birth, and address or phone number should be provided. Although it is not always necessary, having witnesses’ contact information on hand is usually preferable in case any doubts about the power of attorney’s authenticity emerge.

The future power of attorney terms is up to the client to choose. A power of attorney may cover a wide range of subjects, including personal and financial affairs, or it can be narrowly tailored to cover specific activities, such as paying bills or selling a house. A lasting power of attorney may be quickly and independently created. The state administrator frequently observes a more urgent need for assistance than stipulated in the power of attorney for future matters. It should be an intentional decision to restrict the power of attorney, but it is not impossible to do so.

It is illegal for a proxy to ‘vote in elections, enter into marriage, acknowledge paternity, consent to organ donation, create or revoke a will or consent to coercion and competence in other particularly personal matters […] without special authorization in law‘. The state administrator often sees powers of attorney for the future as including merely the sale of the residence, inheritance advances, and payment of expenses.

The state administrator cannot pre-approve a power of attorney for the future. As a power of attorney, you are responsible for ensuring that the future power of attorney is validly created and covers your future need for help and desire for assistance.

The next of kin does not need authorization from the family member to act for the person. The right of representation applies in order of priority to the spouse or cohabitant, then the children, the grandchildren, and finally the parents. Siblings are not considered close relatives according to the provision of legal authority.

Our Undisputed Legal process servers know their stuff regarding international service of process. We know the ins and outs of the Norwegian legal system. When you hire a reliable and experienced process server like those at Undisputed Legal, you can rest easy knowing that your foreign documents will be handled carefully and professionally. We will make sure that your documents are served correctly. We aim to make the whole process as smooth and hassle-free as possible.

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OFFICE LOCATIONS

New York: (212) 203-8001 – 590 Madison Avenue, 21st Floor, New York, New York 10022
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Long Island: (516) 208-4577 – 626 RXR Plaza, 6th Floor, Uniondale, New York 11556
Westchester: (914) 414-0877 – 50 Main Street, 10th Floor, White Plains, New York 10606
Connecticut: (203) 489-2940 – 500 West Putnam Avenue, Suite 400, Greenwich, Connecticut 06830
New Jersey: (201) 630-0114 – 101 Hudson Street, 21 Floor, Jersey City, New Jersey 07302
Washington DC: (202) 655-4450 – 1101 Pennsylvania Avenue, N.W. Suite 300, Washington DC 20004

FOR ASSISTANCE SERVING LEGAL PAPERS IN NORWAY

Pick up the phone and call Toll Free (800) 774-6922, or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all your Norway process service needs; no job is too small or too large! For instructions on How To Serve Legal Papers in Norway, Click Here!

Contact us for more information about our process-serving agency. We are ready to provide service of process to all our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, Connecticut, and Washington, D.C.

“Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives”– Foster, William A

Sources

¹ Norway has ratified several international accords about the acceptance and execution of foreign judgments. From a practical standpoint, the Lugano Convention, signed on 30 October 2007 between the European Union member states and Norway, Switzerland, and Iceland, is the most critical treaty regarding recognizing and enforcing foreign judgments in civil and commercial matters.

² Post Office Box 2105 Vika,

Oslo,

Norway,c0125.
The Norwegian Civil Affairs Authorities, Holbergs Gate 1, 0166 Oslo, Norway, is the delivery address for papers delivered by courier.

³ Or have a translation into one of these languages for requests for service to be complied with under the regulations established by Royal Decree on 12 September 1969

⁴ The following statutes are enacted:

Courts of Justice Act
Extradition Act Arrest
Warrant Act
Compensation for Violent Crime Act
Legal Aid Act
Advocates Act
Legal Fees Act

⁵ Department of Public Safety and the Ministry of Justice

4 A Gullhaug Torg, Nydalen,

0484 Oslo, Norway

⁶ Management of these organizations and entities, as well as administrative follow-up, is within the purview of the Civil Affairs Department:

Federal Judiciary Management
The Supreme Prosecuting Body
Norwegian Agency for Civil Affairs
Norwegian Police Affairs Investigations Bureau
Norwegian Council for the Supervision of Lawyers and the Norwegian Criminal Cases Review Commission

⁷ Through JD’s circular G-05/05/2019, a special offer for legal aid has been made about the erroneous implementation of the EEA legislation. The number of applications received by the state administration for this program of legal aid decreased from 52 in 2022 to 19 in 2023. The special legal assistance measure has not been assigned any particular cases to be handled by SRF.

The state administrators have found that, except for for one office, the typical application processing time is around 5-6 weeks.

⁸ Article 32 of the Lugano Convention provides that ‘any authority inside the signatory state that has been granted jurisdiction over issues about the Convention is referred to as a court.’

9 The Lugano Convention recognizes and declares enforceable judgments from other member states upon fulfilling certain legal conditions. The following papers must be provided by the party requesting a declaration of enforceability in line with paragraphs 53 and 54 of the Lugano Convention:

An original or genuine copy of a decision that is subject to the Convention’s jurisdiction; and
A written affirmation in the format provided in the Convention’s Annex V or a comparable document demonstrating that the judgment may be enforced in the state of origin.

¹0 Section 46 of the Courts of Justice Act specifies the proper procedure to follow when requesting the collection of evidence to support a foreign lawsuit that is not already covered by an agreement with a foreign state. The request must be made via the Ministry of Justice if the foreign state has not already consented. Respondent District Courts are appointed by the Ministry of The government (the King) has the power to instruct foreign authorities to submit evidence requests directly to local courts (Section 46, fourth paragraph of the Courts of Justice Act).

¹1 Nevertheless, individuals facing prosecution or extradition from another country, as well as those subject to coercive measures outlined in the Criminal Procedure Act (such as covert video surveillance, technological tracking, audio surveillance, and other forms of communication control), are exempt from the provisions of Section 46.

¹2 The fee for having a document confirmed by a notary public is NOK 319. There is a district court dispatch that you are required to pay. Any major credit card will do.

13 `Section 2 of the appurtenant rules (forklift om notarius publicus, only available in Norwegian) and section 1 of the Rules relating to notaries public specify the individuals who may be permitted to operate as notaries public.

¹4 The witness must comply with the following:
i. The witness’s age must be at least eighteen.

ii. The significance of signing must be clear to the witness.
iii. Both witnesses are required to be present and sign simultaneously.
iv. No one may serve as a witness if the proxy, his spouse, cohabitants, parents, children, or grandkids are involved.

¹5 Section 80(3) of the Protection of Property Act.