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HOW TO SERVE LEGAL PAPERS IN PORTUGAL

The civil law legal system, often known as the continental family legal system, includes the Portuguese legal system. 

Portuguese courts are separated into civil and administrative courts governed by a civil code. Civil courts have a hierarchical structure that has jurisdiction over gender discrimination cases. When it comes to civil cases, the District Court (the Tribunal Judicial de Comarca) is below the Appellate Court (the Tribunal do Relaço), which in turn is below the Supreme Court of Justice (the Tribunal de Justiça Superior).

BACKGROUND

The Judicial District Courts have the widest jurisdiction and are responsible for determining the findings of fact and law judgments in the matters filed before them. In the event of a disagreement, any party may take an appeal to the competent Appellate Court, which will have the power to assess the facts and the law. The conclusions of fact made by the Appellate Court are conclusive. To resolve any remaining differences of opinion, any party may take their case to the Superior Court of Justice, whose final decisions cannot be appealed.

A semi-presidential representative democratic republic based in Lisbon has been in place since 1976 when the Constitution of 1976 was approved.  Sovereignty is divided or separated among the President of the Republic, Government, Assembly of Republic, and Courts in accordance with the Constitution’s “organs of Sovereignty.” 

President Marcelo Rebelo de Sousa, elected for a five-year term, has an executive function. For four years, two hundred deputies are chosen to serve in the Assembly of the Republic, a single-chamber legislature. Government members include ministers and secretaries of state. The prime minister is presently Antonio Costa. Each of the three significant parts of government—justice, administration, and finance—has its hierarchy within the Courts. There are no other courts of appeal besides those of the Supreme Court. An eleven-member Constitutional Court oversees legality.

Portugal has a multi-party system of competing legislatures or administrative administrations at the national, regional, and municipal levels.  The President of the Republic lives and works at Belém Palace, the official house and office. In Portugal, a five-year tenure as President of the Republic is the highest office. A direct, all-voting process chooses the President of the Republic. Other presidential powers include the ability to name the Prime Minister and other government officials after elections, remove that Prime Minister, dissolve Congress (to hold early elections), exercise presidential veto power over legislation (which Congress can override), and declare a state of war or siege. Besides executive and reserve responsibilities, the President also serves as head of state and ex officio commander-in-chief of the military.

In addition to six senior civilian officials, any past presidents elected under the 1976 Constitution, five members elected by the Assembly, and five appointed by the president, the Council of State provides advice to the president on essential topics.

how to serve DOMESTIC legal papers IN PORTUGAL

Portugal Process Service means that an action has been initiated against someone (defendant, respondent, or party against whom enforcement is sought). Portugal Process Service is used to summon the individual in question to testify for the first time. Code of Civil Procedure Article 219(1) states that Portugal Process Service may be used to ask a person interested in the matter but who did not initially intervene to appear for the first time to join the claimant or the defendant.

Portugal Process Service and notification are subject to strict requirements in the Portuguese Civil Procedure Code, which specifies the information to convey based on who is being served, what facts are being communicated, and their aim. To ensure that the message reaches its intended recipient and if the recipient participates in the legal proceedings, specific requirements are in place to protect their right to a defense.

A copy of the initial application initiating proceedings and copies of the accompanying documents are delivered to the defendant (Article 227(1) of the Code of Civil Procedure.) Bailiffs, enforcement officials, or the legal representative of one of the parties may be used to serve and notify Portugal Process Service in a judicial procedure, depending on the circumstances. 

Even in non-contentious processes handled by the Civil Registrar, civil registrars may serve and notify Portugal Process Service in family and juvenile affairs. The European Parliament and the Council of 13 November 2007 enacted Regulation (EC) No 1393/2007 on the Portugal Process Service in the Member States of judicial and extrajudicial documents in civil or commercial matters, mandates that the requested authority in this Member State on its initiative, should try and locate the addressee of documents to be served if the addressee no longer lives at the Portugal Process Service location known to the requesting authority. 

Where a notice cannot be served, bailiffs review computerized Portugal Process Service records in other government agencies to determine whether the address of the person to be served has changed. Access to the databases is restricted to those who have obtained permission from the court to do so. According to Portugal Process Service laws, a court may compel any person or entity to collaborate to gather the information that impedes a party’s ability to exercise any procedural right, obligation effectively, or claim, such as a change in the person’s home served or informed. It does not matter whether they are not parties to the case; they nevertheless owe it to the court to cooperate by supplying the Portugal Process Service information it requests.

As per Regulation (EC) No. 1206/2001 of the 28 May 2001 on the cooperation between the courts of Member States with regard to evidence gathering in civil or commercial actions, authorities in this Member State must deal with a request to find an individual’s present address. A Portugal Process Service document might be sent to a specific individual or made public. These two services may be provided to either natural or legal entities. When it comes to serving legal entities, the same laws that govern the Portugal Process Service of natural people apply mutatis mutandis. However, if a particular component of the Portugal Process Service of legal entities is expressly regulated, then these Portugal Process Service special restrictions apply.

how to serve legal papers by mail IN PORTUGAL

Regular letters, rather than legal papers, are often used by the postal service to deliver documents. Except for poste restante delivery, postal consignments may be delivered to the people and are considered successfully serviced under Article 37 of the Postal Act if Portugal Process Service is done to the person to whom the message is being sent.  Suppose the postal consignment is addressed to the public authority concerned. In that case, the recipient must be a person who is authorized to accept postal consignments in the office of the public authority.

Postal delivery to a natural person present at a unit where it is very difficult or impossible to make a postal delivery to the addressee due to the nature of that unit or widely recognized custom must be made to the head of the organization or a natural person authorized by that head.

If a sender requests a receipt for a Portugal Process Service document for a registered item in writing, the authorized service provider is required to comply. The designated Portugal Process Service provider receives written Portugal Process Service requests from addressees to transmit postal consignments to the addresses mentioned in these Portugal Process Service requests within the time limit established in the rules of procedure in all its post offices.

The approved service provider accepts instructions from addressees on non-delivery to individuals living with addressees. The postal consignments are delivered to the intended recipients by the Portugal Process Service provider at the post office in fourteen days. After this timeframe has passed, a postal consignment can be kept if the recipient sends a written request. Postal parcels that are not picked up in that time frame are sent back to the sender.

An acknowledgment of receipt, which is usually a form that comes with the package, is proof that the package was delivered and when it was delivered. A confirmation of receipt of a judicial document is an official document that shows that the document was served and when. A person who says that a document was served on a different date must show that they did so.

PROCESS SERVICE IN PORTUGAL UNDER THE HAGUE SERVICE CONVENTION

Process servers adhere to the Hague Convention on Service of Process for civil and commercial issues in Portugal, a convention signed in Hague, the Netherlands, on November 15, 1965, by Hague Conference members. So that plaintiffs could serve overseas defendants with court papers that could be trusted, this system was created. Civil and commercial process service is covered under the treaty, but criminal process service is not.

As part of the Portugal Process Service, Central Authority sends the papers to the appropriate court/entity (in the region where the recipient generally lives) to complete the task. 

If registered mail service fails, the document can be served by regular mail; if that fails, the document can be served to another person at the specified location who is in a position to pass the document through. Personal service by a court clerk/implementing agent can also be attempted if registered mail service fails.

Served papers are returned to the Central Authority, which forwards them to the requesting State’s responsible institutions.

There must be a Portugal Process Service translation of the document to be provided into Portuguese, as well as a synopsis and any annexes to that document. With the Hague Service Convention, Portugal Process Service in other contracting nations has been made easier. A central body is responsible for accepting Portugal Process Service requests for each contracting state. The central authority of the state where Portugal Process Service is to be made may be contacted immediately by a judicial officer authorized to serve Portugal Process Service in the form of origin. The receiving state’s centralized authority handles requests for Portugal Process Service in the receiving state, generally via a local court. The central authority delivers a certificate of Portugal Process Service to the judicial officer who requested it after the service has been completed and verified.

Documents may be served by the mail system or by diplomatic/consular agents, judicial officers, authorities, or other competent people through the Hague Convention. Member nations may or may not approve these provisions as a lawful method of serving the papers in their jurisdiction under Articles 8 to 10. Using the Central Agency (Article 5) to provide Portugal Process Service papers is not a choice for any member country but rather a requirement. The Central Agency’s Portugal Process Service typically takes four to twelve months to complete. Even if the plaintiffs have not obtained a certificate of service or delivery from the Central Agency after six months, the convention provides them with a remedy. A fair amount of time has passed, and the Court may render its decision in such circumstances. The court may also grant a temporary injunction or protective measure even before the six-month waiting period has expired in cases of urgency.

States that have not objected to Portugal Process Service by mail under Article 10(a) of the convention and jurisdictions that accept it under relevant law are eligible for service by mail. Legal action has been begun; various papers must be sent to and received from the opposite party with whom there is a disagreement. To commence a legal process, a Portugal Process Service document must be served to the opposing party, which is essentially the first of such Portugal Process Service papers.

An international judicial cooperation unit of the Directorate-General for the Administration of Justice provides information to transmitting agencies and helps resolve any issues when serving papers. Each international judicial cooperation agreement has its unique requirements for Portugal Process Service document delivery methods, languages, prices, and formats. The European Parliament and Council adopted Regulation (EC) 1393/2007 on the service of civil and commercial documents in the Member States. EU-wide judicial and extrajudicial papers must be sent quickly and securely between parties situated in different EU countries to meet this Regulation’s objectives. Forms may be filled out in Portuguese, English, or Spanish in Portugal.  Judiciary papers from another EU Member State may be served without incurring charges or fees if delivered to the courts. If a court official or an enforcement agency serves the papers in person, charges will be incurred. There is an additional €50.50 charge if Portugal Process Service is not performed, such as when no one lives at the specified address or the address does not exist.

According to court authorities, the fee for serving a summons is €51. As long as the intended recipient does not dwell at the provided address or does not exist, there is no need to make a payment.

for assistance serving legal papers

Simply 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 of your process service needs; no job is too small or too large!

Contact us for more information about our process serving agency. We are ready to provide service of process to all of 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. In addition to the Socialist Party and the Social Democratic Party, the Unitary Democratic Coalition (Portuguese Communist Party and Ecologist Party “The Greens”), the Left Bloc, and the Democratic and Social Centre–Party, People’s which each garner between 5 and 15 percent of the vote on a regular basis, make up the rest of the political parties.

2. Article 219(2) of the Code of Civil Procedure uses the word “notificaço” to refer to notifying someone of something, such as a summons or a fact.

3.  A. Information that the person has been invited to participate in the proceedings concerned; 

B. Indication of the court, division, and section in which the proceedings are being heard, the deadline for submitting evidence; and

The following details have to be sent to the appropriate parties:

Art. 220(1) of the Code of Civil Procedure; 

  1. Pleadings of the parties, applications, and documents included in the case file, and the time limit for the parties to exercise their procedural rights; 
  2. Summons of parties, witnesses, experts, technical advisers, or lawyers to attend judicial proceedings; 
  3. Requests for expertise; other evidence, or info

4. Notaries may serve and notify documents in probate procedures (Article 2(1) and (3) of the Rules regulating notary inventories issued in the appendix to Law No 117/2019 of September 13th, 2019). Attorneys, solicitors, and enforcement officials have the authority to notify tenants even before a lawsuit is filed (Article 9(7(b) of the New Rented Property Law – NRAU) (Novo Regime do Arrendamento Urbano).

5. Articles 5(1) and 7 of the Decree-Law establishing the procedures for the jurisdiction of Public Prosecutors and Civil Registration

6. the addressee: a. to their letterbox, except for registered items; b. to a post office if the addressee was not present at the address specified on the postal consignment, postal order, or agreement for postal services at the time the postal consignment was delivered or if the postal consignment cannot be delivered via a letterbox; c. to a location agreed upon by the addressee and the postal operator; 2. the addressee’s legal representative or attorney

7. Under Article 142 of the Code, the person who receives a document signs it to show that they have seen it and received it at the time it was received. If that person can’t or won’t sign, the server tells them the date of service and why they can’t or won’t do so. An acknowledgment of receipt is written by the person who served the document. The date of service is written on the document served, and he or she signs it.

8. U.S. Embassy Lisbon

Av. das Forças Armadas, Sete-Rios

1600-081 Lisbon

Portugal

Telephone: +(351) (21) 770-2122

Emergency After-Hours Telephone: +(351) (21)-770-2122 or +(351) (21) 727-3300

Fax: +(351) (21) 727-2354

Email: conslisbon@state.gov

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Consulates

U.S. Consulate Ponta Delgada

Av. Príncipe do Mónaco No, 6-2 F

9500-237 Ponta Delgada, Açores

Portugal

Telephone: +(351) (296) 308-330

EmergencyAfter-Hours Telephone: +(351) (21) 727-3300 

Fax: +(351) (296) 287-216

Email: ConsPontaDelgada@state.gov

HOW TO SERVE LEGAL PAPERS IN PITCAIRN

Located in the southern Pacific Ocean, the Pitcairn Islands are the only British Overseas Territory in the Pacific Ocean and are a collection of four volcanic islands. At eighteen square miles in total land area, Pitcairn, Henderson, Ducie, and Oeno are the four islands that makeup Pitcairn Island. 

Pitcairn is the world’s least populated country.

BACKGROUND

A British Overseas Territory in the South Pacific, the Pitcairn Islands have a population of about fifty people. The mayor serves as the head of government in the islands, governed by a parliamentary representative democratic democracy. This region is governed by the Local Government Ordinance enacted in 1964. The Pitcairn Islands have the world’s smallest democracy in terms of population. 

Auckland, New Zealand, is where the government’s administrative headquarters are located.  The Governor’s representative to the territory is a non-resident Commissioner chosen by the Governor. Additionally, they act as a liaison between the Governor and the Island Council, which oversees the island’s daily operations and economic development. Since 1999, Pitcairn’s mayor has taken responsibility for the island’s day-to-day operations since the island’s governor and the commissioner does not reside there. The Governor appoints the Island Magistrate, while Internal Committee Chairpersons are chosen by their peers.

The island’s mayor is chosen for a three-year term by the island’s people. The Pitcairn Islands’ Attorney General position is held by a person selected by the government of Pitcairn in accordance with Section 35 of the Pitcairn Islands Constitution. It acts as the government’s primary legal advisor. Pitcairn ordinances are drafted by the Attorney General, who also has the authority and responsibility to revise and publish any laws that apply to the nation.

One-third of the Pitcairn Island Council is elected directly by the people, with the other three-quarters appointed by the Governor, including the Island Secretary (ex officio). A Commissioner (non-resident) sits in the tenth seat, reserved for liaisons between the Council and Governor. Members’ terms are one year, except for the mayor’s three-year tenure and the Island Secretary’s indefinite tenure. 

For councilors and the deputy mayor, elections are conducted every two years, while for the mayor, they are held once every three years. Elections were born on December 24 before a constitutional amendment. The islands have no political parties.

LEGAL SYSTEM IN THE PITCAIRN ISLANDS

A non-resident island magistrate has presided over the island court numerous times in the past five years. The governor selects the island magistrate for a three-year tenure.  A supreme court was established under Pitcairn Process Service law, but no justices were ever nominated, and the court never convened. Although the Court was activated as part of the constitutional and judicial plans for the trial mentioned above, it was not used.

In contrast to the Supreme Court, established in 1897, the Court of Appeal was established in 1898. As per Pitcairn Process Service regulations, both the Supreme Court and the Court of Appeal may convene on the islands or in any other country or location authorized by law. On Pitcairn, the Supreme Court has sat, whereas the Court of Appeal has only sat in Auckland, New Zealand, in practice.

Pitcairn’s highest court, the Privy Council, hears all final appeals. An Order in Council made in 2000 legally-established appeals to the Privy Council as an appellate jurisdiction, which had previously existed under common law. Almost all of the attorneys admitted to the Pitcairn Bar are New Zealanders, and the members of the Pitcairn judiciary are all current or former members of the court or legal profession in New Zealand.

Since 2003, the Pitcairn Islands have had a Public Defender on staff to represent the public interest. This is the only surviving British Overseas Territory in the Pacific Ocean. The Governor of Pitcairn represents the British monarch. However, the colonial governor retains substantial power in Pitcairn.

Pitcairn never had a resident governor since the British didn’t think it was necessary due to the dependency’s tiny population (it peaked in the 1930s at 233 and has since dropped to 50). From 1898 forward, the Governor of Fiji also served as the Governor of Pitcairn. Pitcairn Island’s administration was handed over to the British high commissioner to New Zealand when Fiji gained independence in 1970. Laura Clarke is the current occupant of the post.

The British governor’s power was only nominal throughout most of its existence. While Governor of the Pitcairn Islands from 2001 until 2006, Richard Fell used his position to remove Mayor Steve Christian, a defendant in the 2004 rape trial on the island.

PROCESS SERVICE IN PITCAIRN

Pitcairn Process Service is a practice used to convey notice of a first legal action to another party (such as a defendant), court, or administrative body so that that person may react to the proceeding before the court, body, or other tribunals. By delivering a collection of Pitcairn Process Service court papers (referred to as ‘process’) to the person to be served, process service is carried out by a service agent.

An international treaty signed on November 15, 1965, at the Hague Conference on Private International Law in the Netherlands, the Hague Service Convention, mandates Pitcairn process servers in civil and commercial disputes. It was created to provide a reliable and effective method of serving the Pitcairn Process Service papers on parties that reside, operate, or are located outside the United States. Civil and commercial Pitcairn Process Service is covered under the treaty, but criminal process service is not. It also does not apply if the individual does not know who they are serving the paper on since it would violate the Convention.

The Central Authority of the State addressed must serve the document or arrange for an appropriate agency to serve it, either by a method prescribed by its internal law for the service of documents in domestic actions upon persons within its territory or by a process requested by the applicant, unless such a method is incompatible with the law of the State addressed.

There must be an official Pitcairn language or one of Pitcairn’s official languages if the document is to be serviced by the Central Authority. With the Hague Service Convention, service of process in other contracting nations has been made easier. A central body is responsible for accepting service requests for each contracting state. The central authority of the state where service is to be made may be contacted immediately by a judicial officer authorized to serve Pitcairn Process Service in the state of origin. The receiving state’s centralized authority handles requests for Pitcairn Process Service in the receiving form, generally via a local court. The central authority delivers a certificate of service to the judicial officer who requested it after service has been completed and verified.

Pitcairn Process Service may be accomplished under the Hague Convention, including via the postal system, diplomatic/consular agents, judges, government officials, and other appropriately qualified individuals. Member nations may or may not approve these provisions as a lawful method of serving the Pitcairn Process Service papers in their jurisdiction under Articles 8 to 10. Using the Central Agency (Article 5) to provide Pitcairn Process Service papers is not a choice for any member country but rather a requirement. As a general rule, the Central Agency’s services take four to twelve months to complete. Even if the plaintiffs have not obtained a certificate of service or delivery from the Central Agency after six months, the convention provides them with a remedy. A fair amount of time has passed, and the Court may render its decision in such circumstances. The court may also grant a temporary injunction or protective measure even before the six-month waiting period has expired in cases of urgency.

States that have not objected to Pitcairn Process Service by mail under Article 10(a) of the convention and jurisdictions that accept it under relevant law are eligible for service by mail. Legal proceedings need service, but cross-border cases necessitate expensive and time-consuming service. With the Service Convention, a consistent framework is set up to expedite and streamline the channels of transmission for judicial or extrajudicial papers served abroad to simplify this procedure even more.

A central transmission channel is established between the Contracting Parties, although the Convention allows for the use of other channels. There are no substantive regulations in the Convention pertaining to the actual serving of Pitcairn Process Service, which is the primary focus of this agreement.

As a result of the Convention, there are two routes for transmitting documents that contain Pitcairn Process Service: direct diplomatic or consular channels and the postal track. A further step that the Convention does not control is necessary for all other transmission channels to accomplish service to the final recipient.

THE HAGUE SERVICE CONVENTION AND PITCAIRN PROCESS SERVICE

If a judicial or extrajudicial document must be sent from one Contracting Party to another for service, the person’s address to be served is known. The document to be served pertains to a civil or commercial issue; the Convention will kick in. In other words, if these conditions are satisfied, one must use the transmission channels specified by the Convention. When discussing the need for the transmission to another Contracting Party, it’s vital to recall that the forum’s law will ultimately establish whether or not Pitcairn Process Service is required.

Central Authority of the Contracting Party in which Pitcairn Process Service is to be performed receives a request for service from an authority or judicial officer competent in one Contracting Party (Art. 5). The bid must adhere to the Convention’s Model Form.

A competent official must carry out the Pitcairn Process Service of a document in accordance with local legislation of the requesting Contracting Party (Art. 5). Insofar as it is not in conflict with the legislation of the requested Contracting Party, the applicant (i.e., the forwarding authority of the requesting Contracting Party) may request that a particular method or process be utilized.

If Pitcairn Process Service was not completed, an explanation for why must be included in the certificate appended to the Convention.

Transmission across a different channel does not imply a worse Pitcairn Process Service quality, and there is no hierarchy of transmission channels. They may object to using other channels by a Contracting Party (Art. 10 Defendants are shielded against default judgment under the Convention, regardless of how the case is transmitted. To avoid a default decision, it is necessary to prove that service under the Convention was successful (Art. 15). A defendant may appeal a decision that has already been entered against them(Art. 16).

Central authorities are established in all Contracting Parties under the Convention. When a request is made for Pitcairn Process Service of papers, a Central Authority’s primary function is to either serve them or make arrangements for them to be served. Furthermore, the Convention allows Contracting Parties to designate other authorities and to establish the range of their competencies. It is possible for Contracting Parties to transmit and execute requests using current technology since the Convention’s wording is technology agnostic. Contracting Parties are expected to adhere to their legal frameworks when it comes to this.

for assistance serving legal papers

Simply 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 of your process service needs; no job is too small or too large!

Contact us for more information about our process serving agency. We are ready to provide service of process to all of 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. Only Pitcairn Island is populated on Henderson Island, accounting for 86% of the total area. Mangareva (French Polynesia) and Easter Island (Easter Island) are the closest islands to the Pitcairn Islands.

2. It is clear from the surnames of many of the islanders that the majority of the people of Pitcairn Island are descended from nine Bounty mutineers and a small number of Tahitian consorts. Many novels and films have been written on this legendary revolt and its aftermath. Only 47 people lived in the area as of January 2020.

3. Governor of the Pitcairn Islands and British High Commissioner to New Zealand, Laura Clarke, now represents Her Majesty the Queen

4. Brenda Christian, Brenda Christian’s sister, was chosen mayor of the island council for the months of November and December 2004. On December 15, 2004, Jay Warren was sworn in as a United States Senator. Charlene Warren-Peu is now serving as the city’s mayor

5. It was once referred to as the Legal Adviser that the Attorney General served as.

6. The most recent elections took place on November 12th, 2013.

7. There are now three judges in the judiciary:

  1. John Blackie is the Chief Justice of the Supreme Court of Canada.
  2. John Henry is the Chief Justice of the Court of Appeals.
  3. Sir Ian Barker and Paul Neazor sit on the Court of Appeal.
  4. Russell Johnson and Jane Lovell-Smith are Supreme Court justices.

Additional magistrate appointments have been made from within the ranks of New Zealand’s most prominent lawyers. Simon Moore, the Pitcairn Public Prosecutor (and Auckland Crown Solicitor), and Paul Dacre, the Pitcairn Public Defender, were both named. In the Pitcairn Islands, there are no attorneys, according to a 2012 report.

8. As long as the document’s recipient freely accepts it, the document may be served in accordance.

9. Article 5

 The Central Authority of the State addressed shall itself serve the document or shall arrange to have it served by an appropriate agency, either –

 a) by a method prescribed by its internal law for the service of documents in domestic actions upon persons who are within its territory, or 

b) by a particular method requested by the applicant, unless such a method is incompatible with the law of the State addressed. Subject to subparagraph (b) of the first paragraph of this Article, the document may always be served by delivery to an addressee who accepts it voluntarily. Suppose

the document is to be served under the first paragraph above. In that case, the Central Authority may require the document to be written in, or translated into, the official language or one of the State’s official languages addressed. In the form attached to the present Convention, that part of the request, which contains a summary of the document to be served, shall be served with the document.

10. Articles 8 and 9 allow Contracting Parties to use diplomatic or consular channels; Article 10(a) allows them to use postal channels; Article 10(b) will enable them to use direct communication between judges, officials, or other competent persons; and Article 10(c) allows them to use direct contact with interested parties.

11. Article 15

Where a writ of summons or an equivalent document had to be transmitted abroad for service, under the provisions of the present Convention, and the defendant has not appeared, judgment shall not be given until it is established that –

a)  the document was served by a method prescribed by the internal law of the State addressed for the service of documents in domestic actions upon persons who are within its territory, or
b)  the document was actually delivered to the defendant or to his residence by another method provided for by this Convention,

and that in either of these cases, the service or the delivery was effected in sufficient time to enable the defendant to defend.

Each Contracting State shall be free to declare that the judge, notwithstanding the provisions of the first paragraph of this Article, may give judgment even if no certificate of service or delivery has been received, if all the following conditions are fulfilled –

a)  the document was transmitted by one of the methods provided for in this Convention,
b)  a period of time of not less than six months, considered adequate by the judge in the particular case, has elapsed since the date of the transmission of the document,
c)  no certificate of any kind has been received, even though every reasonable effort has been made to obtain it through the competent authorities of the State addressed.

Notwithstanding the provisions of the preceding paragraphs, the judge may order any provisional or protective measures in case of urgency.

12.Article 16

When a writ of summons or an equivalent document had to be transmitted abroad for service, under the provisions of the present Convention, and a judgment has been entered against a defendant who has not appeared, the judge shall have the power to relieve the defendant from the effects of the expiration of the time for appeal from the judgment if the following conditions are fulfilled –

a)  the defendant, without any fault on his part, did not have knowledge of the document, insufficient time to defend or knowledge of the judgment, insufficient time to appeal, and

b)  the defendant has disclosed a prima facie defense to the action on the merits.

An application for relief may be filed only within a reasonable time after the defendant knows the judgment.

Each Contracting State may declare that the application will not be entertained if it is filed after the expiration of a time to be stated in the declaration, but which shall in no case be less than one year following the date of the judgment.

This Article shall not apply to judgments concerning the status or capacity of persons.

HOW TO SERVE LEGAL PAPERS IN THE PHILIPPINES

The Philippines is a constitutional republic with a presidential system that has a democratic government. In addition to serving as the nation’s main executive, the president also serves as its chief military officer.  The president serves a six-year term and is chosen by the people. Cabinet members are chosen and presided over by the president. 

In 2016, Rodrigo Duterte was elected president of the Philippines for a six-year term. Both the upper and lower chambers of the bicameral Congress are elected for six-year terms. 

BACKGROUND

The Constitution of the Philippines establishes the Supreme Court, while the Congress of the Philippines enacts the laws that create the three lesser courts. Overruling governmental or administrative judgments and creating new rules and laws without precedent are among the Supreme Court’s wide-ranging powers. Members of the lower courts and electoral tribunals are also members of this body, which sets the regulations for lower courts.

Underneath this is the Court of Appeals having divisions in various parts of the country, which has national reach and is headquartered underneath the Supreme Court. Only the Supreme Court has the authority to review decisions made by this court. Regional Trial Courts, which are located around the nation in several judicial areas, are located below this level. Depending on the jurisdiction, some of these courts may only hear particular kinds of cases. Located in cities and municipalities around the nation are the first-level Metropolitan and Municipal Trial Courts.

Special courts have been established to handle certain matters outside of the normal judicial system. As a result, there are two courts of appeals in the Philippines, one for tax appeals and one for criminal cases. Sharia courts have been set up in several areas of the nation. There are a number of quasi-judicial entities with legal authority outside of the court system.

Once under martial rule, the Supreme Court was granted wide-ranging powers by Congress to counterbalance Executive control. The President of the Philippines appoints the country’s judges, who are chosen from a list provided by the Judicial and Bar Council, a body that the President may influence. The Judiciary serves as a check on the other departments of government.

To exercise jurisdiction over another party (such as a defendant), court, or administrative body, the method known as ‘service of process is used to provide adequate Philippines Process Service notice of an initial legal action to such parties, bodies, or tribunals (such as a defendant).

At-large elections are held for senators, while district and sectoral representation are used to elect members.

LEGAL SYSTEM IN THE PHILIPPINES

The Chief justice and fourteen associate justices make up the Supreme Court, all of whom are chosen by the president from nominations made by the Judicial and Bar Council.  Both Manila and Quezon City, the Philippines’ two most populous cities, are located in the same metropolitan region, Metro Manila.  A federal, unicameral, or parliamentary government has been proposed since the Ramos administration.

The Philippines belongs to the East Asia Summit, APEC, the Group of 24 countries, and the Non-Aligned Movement. Furthermore, the government is attempting to get observer status in the OIC. February 2, 1987, saw Filipinos vote to approve the country’s current constitution, which they did in a referendum. The legislative, executive and judicial branches of the Philippine government are all fundamental sources of legislation under the 1987 Constitution. Statutory law originates with the bicameral legislature, which consists of the House of Representatives and the Senate. It is the President of the Philippines who oversees the executive branch, which is in charge of issuing presidential issuances and establishing administrative guidelines. Case law, which is a collection of court rulings, is housed in the judiciary.

There are three levels of courts in the Philippines. Trial courts are where civil and criminal cases are filed. A judge rule over every trial court. The Court of Appeals, which has twenty-three divisions spread around the nation, is competent to examine the judgments of lower courts. Every division has three justices. The Supreme Judicial, which has fifteen justices, is at the pinnacle of the court structure. The Supreme Court hears cases either en banc or in the division, depending on the nature of the case.  The Philippine judicial framework is a blend of customary practice, Roman (civil law), Anglo-American (common law) systems, and Islamic law. Due to the arrival of Muslim Malays in the fourteenth century and the subsequent colonization of the islands by Spain and the United States, both countries left an imprint on the legal system. When it comes to subjects such as family law (property rights, inheritances, contracts), criminal law, and civil law (family relationships, property, etc.), the common-law-derived laws and ideas are clear.

how to serve LEGAL papers IN THE PHILIPPINES

According to the Hague Service Convention, a multilateral convention enacted at the Hague by member governments of the Hague Conference on Private International Law, Philippines Process Service reference civil and commercial issues. With it, plaintiffs may now serve Philippines Process Service papers on overseas parties who are located, functioning, or headquartered with confidence and efficiency. To serve Philippines Process Service in civil and commercial proceedings, the convention’s requirements apply, but not criminal issues. Also, if the address of the person to be served is unknown, the Convention does not apply.

The Central Authority of the State addressed must serve the Philippines Process Service document or arrange for an appropriate agency to serve it, either by a method prescribed by its internal law for the Philippines Process Service of documents in domestic actions upon persons within its territory or by a method requested by the applicant, unless such a method is incompatible with the law of the State addressed.

The Philippines Process Service document may be served by being delivered to the addressee’s door. The Philippines Process Service document must be written in or translated into one of the Philippines’ official languages if it is to be serviced by the Central Authority. The Hague Service Convention made it easier for parties to serve each other in other countries. The convention mandates that each contracting state establish a central body to receive requests for assistance. Requests for Philippines Process Service from a judicial official who is authorized to serve Philippines Process Service in the state of origin may be made by sending them directly to the state’s central authority. A local court or other entity designated by the receiving state’s central authority is tasked with serving the document once it has been received by the receiving state’s central authority. The central authority delivers a certificate of Philippines Process Service to the judicial officer who requested it after the Philippines Process Service is complete.

Foreign diplomats, consular officers, judges, and other authorities may all serve papers under the Hague Convention in a variety of ways. Member nations may or may not approve these provisions as a legal method of serving the papers in their jurisdiction under Articles 8-10. The Central Agency’s method of serving papers (Article 5) is mandatory for all member nations and cannot be changed. The services provided by the Central Agency might take anything from four to twelve months to complete. Even if a certificate of service or delivery from the Central Agency has not been obtained by the plaintiffs after six months, the convention provides them with a remedy. Given that a fair amount of time has passed, the Court may, if necessary, issue its decision. Moreover, the court has the power to grant a temporary injunction or protective measure before the six-month waiting time is over, in the event of an emergency.

LEGAL REQUIREMENTS FOR process SERVICE

The Hague Convention on the Service Abroad of Judicial Documents in Civil and Commercial Matters (the ‘Service Convention’) came into effect in the Philippines on October 1, 2020.

With respect to the transmission of legal or extralegal documents between States Parties (Requesting States), the Service Convention specifies a variety of options (Requested State). Articles 2 and 18 of the Service Convention mandate that State Parties appoint a Central Authority and/or other authorities to handle the requests for such Philippines Process Service of papers from other States. The Office of the Court Administrator (‘OCA’) of the Supreme Court of the Philippines now serves as the country’s central authority. Accordingly, the Supreme Court of the Philippines has just published Guidelines for the Implementation of the Service Convention.

It is then up to the court to determine whether extraterritorial Philippines Process Service under the Service Convention is required and its Order should ‘include an instruction to the seeking party to purchase and submit a prepaid courier pouch which shall be utilized for the transfer of documents.’

In the event that a request for extraterritorial Philippines Process Service is granted, a copy of the completed Request and Summary of Documents to be Served with a Warning, a blank Certificate to be filled out by the Central Authority of the Requested State, documents for service, and (if necessary) certified translations of the Model form and accompanying Philippines Process Service documents will be sent to the Central Authority of the Requested State. A copy of the Philippines Process Service request and an update on the progress of the extraterritorial service request should be sent to the OCA as well. 

There must be a Certificate issued by the Central Authority of the Requested State after the Philippines Process Service has been attempted in compliance with its domestic legislation. The completed Certificate will be returned to the requesting court and become part of the Philippines Process Service case’s record. 

Extraterritorial Philippines Process Service of papers emanating from other States’ Parties must be presented to the OCA for consideration. Section 2 of Part III of the Guidelines stipulates the following conditions as necessary for a request to be considered valid. In the event of numerous receivers at the same address, the cost of the Philippines Process Service will be USD100.00 for each recipient (or per address, if there are many recipients at the same location). If the price of the Philippines Process Service goes increased, the OCA will provide an updated Statement of Cost.

Electronic mail, registered mail, or courier services may be used to submit these Philippines Process Service requirements  To send the Philippines Process Service request to a court with jurisdiction over the intended recipient’s location, OCA must determine the sufficiency of the Philippines Process Service prerequisites first. In line with the Rules of Court, as modified, the Executive Judge or the Presiding Judge must then designate a sheriff, process server, or other competent staff to carry out the Philippines Process Service.

Within five (5) days after the Philippines Process Service, a Return must be completed and submitted to the same court. If the Philippines Process Service document has not been delivered, the officer must return it to the court for transmission to the OCA. After receiving a Philippines Process Service request, judges must issue a Certificate using the Model Form and send it to the OCA together with the Return within thirty calendar days of receiving the request. In the event that expenses are incurred for the Philippines Process Service, the judge in charge of the case will pay them, but the OCA must be notified of the request for reimbursement.

for assistance serving legal papers

Simply 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 of your process service needs; no job is too small or too large!

Contact us for more information about our process serving agency. We are ready to provide service of process to all of 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. The Philippines and the United States have a long history of economic, security, and cross-cultural cooperation.

With the signing of the 1951 Mutual Defense Treaty and subsequent agreements on Visiting Forces and Enhanced Defense Cooperation, the two nations have maintained close military relations.  During the Cold War, the Philippines backed US policy and fought in both the Korean and Vietnam conflicts. Major non-NATO ally status was bestowed to the Philippines in the year 2003. 

2. U.S. Embassy Manila

1201 Roxas Boulevard

Manila, Philippines 1000

Telephone: + (63) (2) 5301-2000

Emergency After-Hours Telephone: + (63) (2) 5301-2000 

Fax: + (63) (2) 5301-2017

Email: ACSInfoManila@state.gov

Consulates

U.S. Consular Agency – Cebu City

Ground Level, Waterfront Hotel

Salinas Drive

Lahug, Cebu City

Philippines 6000

Telephone: + (63) (32) 231-1261

Emergency After-Hours Telephone: Please contact the U.S. Embassy in Manila: + (63) (2) 301-2000 

Fax: +(63) (32) 231-0174

Email: ACSInfoCebu@state.gov

3. Rule 13 and Rule 14 of the Rules of Court, as modified, allow a party in a civil or commercial process to submit an application for leave of court together with the following papers in duplicate:

  1. Included in this form is a Request, Certificate of Completion, Summary of the Documents to be Serviced, and a Warning.
  2. Originals or certified genuine copies of the papers to be served, as well as any annexes;
  3. These papers, if required by the requested state, maybe certified translated.
  4. pledging to pay any costs linked with the service of the papers in full. In addition to other punishments permitted under the Rules of Court, as modified, failure to pay the fees is a reason for direct contempt of court, according to Part II, Section 3 of the Guidelines (reservations, declarations, and notifications of the State Parties may be found here).

4. The address of the intended recipient in the receiving State Party is known; the document to be served is a judicial document; the document to be served pertains to a civil or commercial issue; the address of the receiving State Party may be found.

5. Process for Legal papers being served;

  1. the Request conforms to a Model Form; 
  2. The Request and its attachments are accomplished/translated in English or Filipino;
  3. The Request and its attachments are filed in duplicate; and 
  4. The recipient’s address (i.e. house number, building, street name, barangay/city, province and zip code) is sufficiently detailed

HOW TO SERVE LEGAL PAPERS IN PANAMA

Panama is not a party to the Hague Service Convention. However, the United States and Panama are parties to the Inter-American Convention on Letters Rogatory and Additional Protocol

Any person or legal representative involved with a criminal case requesting help in gathering evidence or serving papers in another country might do so via the letters rogatory procedure.

BACKGROUND

A presidential representative democratic republic and a multi-party system regulate politics in Panama, with the president serving as both head of state and head of government. The government is in charge of exercising the executive branch’s powers. Both the executive and the National Assembly have legislative authority. The executive and legislative branches of government have no influence on the judiciary.

Voting rights in national elections are guaranteed to all people above the age of 18 who are eligible to vote. National elections are held every five years for both the executive and legislative branches of government. Supreme Court justices are appointed by the president of the United States. Proportional representation with fixed electoral districts means that several minor parties are represented in Panama’s National Assembly. Presidential elections need a majority; only ex-president Ricardo Martinelli has been elected with more than 50% of the popular vote out of the previous five presidents.

LEGAL SYSTEM OF PANAMA

For cases involving less than USD 5,000, municipal courts have Panama Process Service

jurisdiction, as well as some specific case-related matters (for example, eviction proceedings). A municipality is subject to the authority of the local courts. A panel of three circuit judges, one of whom serves as the chief appellate judge, hears appeals from municipal court rulings.

After that, there are the circuit courts, which have Panama Process Service jurisdiction over cases of a value more than USD 5,001 USD and over-specialized cases (for example, oral proceedings related to challenges against resolutions of corporations and claims involving land). Except in Panama, where three sets of circuit courts have authority over a series of towns, the circuit courts have Panama Process Service jurisdiction over a province.

Judicial districts divide the provinces into sections. Among the four judicial districts in Panama are the First Judicial District (Panama, Colon, Darien, and San Blas), Second Judicial District (Coclé and Veraguas), Third Judicial District (Chiriqui), and Fourth Judicial District (Los Santos and Herrera). The First Judicial District is headed by a Superior Court that presides over the jurisdictions of the four districts. The Superior Courts or courts of appeals of the appropriate province’s judicial district consider appeals against circuit court rulings.

With regard to constitutional challenges against the actions of public officials with jurisdiction over a province as well as other matters, Superior Courts or Courts of Appeal generally serve as appellate courts for appeals against Circuit Court decisions as well as first-instance courts for such challenges. The First Judicial District has five judges, while the other three judicial districts each have three. As an appeal court, the magistrates are comprised of three magistrates, each rotating as the primary judge in separate instances.

The Supreme Court of Justice’s Plenary Assembly hears cases involving constitutional concerns. Supreme Court judges supervise four chambers, which each have three members; the First Civil Chamber, Second Chamber for criminal cases, Third, Administrative and Labor cases, and the Fourth Chamber for miscellaneous concerns. The Supreme Court is constituted of nine justices.

The courts of commerce, which include three (two active) circuit-level commercial courts of the First Judicial Circuit of Panama and a Superior Commercial Court, are also in existence. There will also be a Superior Insolvency Court, which will be located in the First Judicial District and will oversee special insolvency courts at the circuit court level. 

LEGAL PROCEEDINGS IN PANAMA

The plaintiff has the burden of Panama Process Service evidence in civil cases. Judges must check and analyze Panama Process Service information presented by the parties and construct their own notion, based on personal knowledge, relevant law, and the procedures for admitting evidence. This is a judge’s primary responsibility. In civil cases, juries are not engaged. There are a lot of written Panama Process Service documents involved in civil cases.

Litigation over retail sales, agent compensation, transportation contracts, broker liability, and insurance policies with one-year time limits are all examples of claims susceptible to civil Panama Process Service under the Code of Commerce. Lawsuits arising out of corporate relationships and the resulting liabilities between shareholders or partners, as well as the liability of liquidators or managers for corporations, interest due on leases when charged yearly or less frequently, for collection of negotiable instruments and wholesale activity, and financial leasing and banking facilities have a Panama Process Service time limit of three years.

how to serve DOMESTIC legal papers IN PANAMA

It is critical for the plaintiff to ensure that all Panama Process Service evidence documents are admissible in civil proceedings because of their formal nature (for example, signatures have been acknowledged before a notary, documents granted abroad have been legalized, Panama Process Service documents have been signed by individuals with authority, certificates have been obtained within the legal timeline for their validity, etc).

It is possible for the plaintiff to utilize pre-judicial petitions to collect or generate  Panama Process Service evidence that would otherwise be inaccessible during the proceedings, such as witness statements, expert inspections of certain locations or items, and special disclosure of accounting and financial records.  There may be pre-judgment attachments of assets such as cash in banks, transportable assets, and property listed in a public registry prior to a final judgment being rendered. The sum is established by the court and deposited in the appropriate court’s account with the National Bank. To avoid dismissal, a pre-judgment attachment, or ex parte application, requires the plaintiff to file a complaint and serve Panama Process Service on the defendant within six days and three months, respectively. 

Everything begins with a complaint. The defendant is served in accordance with the court’s Panama Process Service directions when the complaint is accepted by the court. The defendant receives direct Panama Process Service from the courts. If the defendant is a company, legal representatives from the corporation must attend the Panama Process Service hearing. If the defendant or its representative is outside of Panama’s jurisdiction, letters rogatory must be addressed to the foreign jurisdiction. Each of these Panama Process Service papers is necessary for defendants in criminal prosecutions to provide. The deadline for replying to the complaint has already begun. If the accused criminal cannot be located, an absentee party defendant is assigned to stand trial.

After receiving the order admitting the complaint, a complaint must be filed within ten days; a response must be filed within ten days, and proof must be provided within five days. Panama Process Service requires that counter-evidence be provided within three days after submitting it. Panama Process Service provides three days after the filing of any objections following the counter-evidence submission. 

Up to a thirty-day timeline can be established by the court in order to gather the necessary Panama Process Service evidence. As evidence is gathered, closing statements must be filed within five days of the conclusion of the evidence stage. Decisions must be made within one to three years or more, and appeals must be filed within three days of Panama Process Service and within the five days that follow whereinafter the judgment must be made within one to two years or more following appeals. 

Moral damages (for example, emotional or reputational loss) are available in civil claims for damages. Punitive damages are generally not available in civil proceedings. As exceptions, treble damages are available in consumer defense or action proceedings, as well as in the special procedure of international private law conflicts before the Panamanian courts, where the parties can request the application of foreign law indemnity rules.

If a defendant does not comply with the final order within six days after receiving Panama Process Service, the plaintiff can commence special enforcement proceedings and request the post-judgment attachment of the defendant’s assets. In certain Panama Process Service cases, the plaintiff can request that the defendant or a third party who fails to comply with or breaches an order of the judge is held in contempt. This may result in arrests and fines.

FOREIGN JUDGMENTS IN PANAMA

The Supreme Court of Justice of Panama generally recognizes and enforces a final foreign ruling without retry of the underlying lawsuit by launching exequatur procedures. If a treaty exists, then reciprocity is required. For this reason, it is a requirement of the principle of reciprocity that the nation issuing the judgment recognizes a final and conclusive decision of the Panamanian courts in identical circumstances. As a result, the opposing party (and, in extreme cases, the Prosecution Office of the Attorney General) must prove the existence of reciprocity during exequatur procedures.

As a result of an action in personam, a judgment was issued. The antithesis of ‘real’ activities are actions in persona  (real estate property situated in Panama). Showing that the verdict was made after the defendant was served personally as per Panama Process Service. The Supreme Court’s Fourth Chamber will examine the exequatur petition for confirmation of appropriate service of process on the defendant while analyzing the petition. Due process and the concept of contradiction or bilateralism are upheld if the defendant was given a chance to respond to the allegation and offer a defense.

A licensed translator in Panama must provide translations of the copy of the final judgment (and any additional evidence) in accordance with the law of the relevant foreign court. The judgment must be final and definitive, meaning that no other remedies ( appeals or other challenges) can be taken against the judgment, which must be authentic. In order to pursue collection of the debts, the plaintiff must file special executory procedures before the civil courts after obtaining an exequatur from the Supreme Court of Justice’s Fourth Chamber.

International treaties and agreements allow foreign courts to obtain legal Panama Process Service help from the Panamanian judiciary using letters rogatory. If the petition is approved, it will be sent to the Supreme Court of Justice’s Fourth Chamber for consideration, which will then direct the appropriate courts to gather the evidence needed to rule on Panama Process Service.

how to serve INTERNATIONAL legal papers IN PANAMA

Through the Inter-American Convention on Letters Rogatory and Additional Protocol, law enforcement cooperation between states may be enhanced (IACAP). For a treaty relationship to exist, both agreements must be signed by the same nation, and the United States considers this to include fair service of process. Instead of using the time-honored letter-rogatory approach, a foreign central authority might serve documents under the IACAP. There is a central authority in the United States recognized by IACAP, and that is the Department of Justice. Requests for information from the Department of Justice are sent to the U.S. Central Authority’s service provider through a private contractor.

The Department of Justice requires Panama Process Service documentation, and Panama Process Service may be accessed from the contractor’s website. An inquiry letter is unnecessary. This document, together with three copies of the summons and complaint (or any papers to be served), should accompany the request for service. Translating Panama Process Service summons and complaint documents, even if they are not on the form, is essential, regardless of the form’s language.

A national authority’s seal and signature are necessary, as opposed to those required by Hague Service Convention, which just requires a central authority’s signature and stamp (IACAP). To complete the form, the clerk of the court in the United States where the matter is now pending must sign and seal the Panama Process Service with their seal and signature. The Department of Justice’s subcontractor will be responsible for signing the signature of the U.S. Central Authority.

Unlike IACAP, the Hague Service Convention does not need a judicial or other authority of origin and Central Authority signature and stamp on the form. The seal and signature of the judicial or other adjudicatory authority of the state of origin must be placed on the form by any U.S. district court clerk handling this case. When it comes to signing and stamping documents, a contractor from the Department of Justice will be responsible for Panama Process Service.

Although the IACAP says that Panama Process Service requests should be processed free of charge, it is permissible under the IACAP to charge parties for expenditures incurred in order to provide Panama Process Service in line with local law. Certain nations may charge the foreign central authority USD25.00. If service is desired outside of Mexico and Argentina, a USD25.00 certified check or money order must be sent to the foreign central authority. If no charge has been assessed, the cheque will be returned to the sender.

For the IACAP, the border courts are empowered to quickly carry out the Panama Process Service orders, and such Panama Process Service requests do not need authentication in border states. If attorneys representing their clients in those countries make requests directly to the central authority in border states, they may convey proof of Panama Process Service to the central authority in the United States. Since the request state specifies how results from a request should be transmitted, this is what the request state should include. This information should contain the lawyer’s name and office address. Border states’ requests to the Mexican Central Authority must also be authenticated in accordance with the Hague Apostille Convention, the US Central Authority said.

The Convention request process might take as long as the letter rogatory procedure in certain nations. A request may take up to a year to process from the time it is first filed. Argentina and Peru have been able to process applications more quickly, on average, in less than three months, according to the U.S. Central Authority.

No mention is made of Panama Process Service by mail in either the Convention or the Protocol. Litigants should consult with local counsel if mail or other methods of Panama Process Service are not available or if doing so will prejudice future efforts to have a U.S. ruling locally enforced.

As a condition for ratification of the Convention, the United States adopted a reservation prohibiting its application to demands for proof.  

for assistance serving legal papers

Simply 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 of your process service needs; no job is too small or too large!

Contact us for more information about our process serving agency. We are ready to provide service of process to all of 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. The U.S. Central Authority for the treaty is the U.S. Department of Justice, Civil Division, Office of Foreign Litigation, Washington, D.C.

2. The writ of cassation is used to challenge judgments made by the Superior Courts, which are heard in the Civil Chamber of the Supreme Court of Justice. The Civil Chamber consists of three Supreme Court judges.

3. Additionally, there are two marine courts with countrywide jurisdiction, as well as a maritime court of appeals, in place.

4. Also keep in mind that the Code of Commerce places a five-year time restriction on claims that may be brought in civil court.

5. In most circumstances, a refundable damage deposit (often between $100 and $1,000 USD) is required before a transaction can be completed.

6. A security bond, equal to 25-40% of the attachment or claim amount, is required in the event of damages being caused (the attachment amount cannot exceed the claim amount).

7. As a general rule, in addition to the proven claimed amount, the prevailing party is entitled to interest (at a default rate of 6 percent per annum in civil matters and 10 percent in commercial matters), litigations costs, and expenses, as well as legal fees set in accordance to the Bar tariff, which consider the type of procedure and claim amount.

8. There will be no levy in Argentina or Mexico, according to the countries’ respective statements. Even though they are signatories to the Convention and its Addendum, no one else has spoken out against it.

9. Page 7 of the form will be executed as evidence of service by the foreign central authority.

10. U.S. Embassy Panama

Avenida Demetrio Basilio Lakas,

Building No.783

Clayton, Panama

Telephone: +(507) 317-5000

Emergency After-Hours Telephone: +(507) 317-5000

Fax: +(507) 317-5278

Panama-ACS@state.gov

HOW TO SERVE LEGAL PAPERS IN PERU

Peru is a multi-party presidential unitary republic.  To sustain a liberal democracy, the nation has adopted the 1993 Constitution, which replaced an earlier constitution that favored federalism to give the President greater authority.  The country is thus also dubbed a unitary republic, which means that the central government has the greatest authority and may set up new administrative divisions if it so chooses. 

Unlike the United States, Peru does not have a written constitution, an independent Supreme Court, or a presidential system. Instead, it blends aspects from both the United States and the People’s Republic of China (a unicameral congress, a premier, and a ministry system).

BACKGROUND

In the Peruvian government, one will find three divisions: [A.] the legislature, formed by the  President of Congress, Permanent Commission, and a hundred and thirty members of Congress (based on population) [ B.] The Cabinet to the President, the Council of Ministers, which in fact controls domestic legislation and consists of the Prime Minister and eighteen ministers of the state; [C.] the judiciary.

The President is both head of state and administration, and he or she is chosen for a five-year term without the possibility of instant reelection under its constitution. The Cabinet consists of eighteen ministers, including the Prime Minister, who is appointed by the President.  With the president’s approval, the Prime Minister holds cabinet sessions in which ministers advise them and serve as a spokesman on their behalf.

In Peru’s Congress, a hundred and thirty members are elected to five-year terms from twenty-five administrative districts, each decided by population. Legislation is passed by a simple majority of the members of Congress after being introduced by the executive and legislative branches.

In spite of the fact that the court is supposedly independent, political interference in judicial proceedings has been prevalent in the past. The Peruvian Congress also has the power to vote down ministers, reprimand them, start impeachment proceedings, and convict them.  In the 1993 Peruvian Constitution, the legislative branch has the power to impeach the president, essentially making the executive branch subservient to the legislative branch.

The Peruvian electoral system employs mandatory voting for people between the ages of eighteen and seventy, including dual nationals and Peruvians living outside of the country. Proportional voting is used to elect members of Congress directly from their districts. The President and Vice President are chosen in a two-round system in a general election. The National Jury of Elections, the National Office of Electoral Processes, and the National Registry of Identification and Civil Status are responsible for overseeing and organizing elections.

In both legislative and presidential elections, Peru’s multi-party system is used. For decades, major political parties have favored economic liberalism, progressivism (especially Fujimorism), right-wing populism, nationalism, and reformism. The Constitutional Province of Callao and Lima (LIM), Peru’s capital city, is the only two of Peru’s twenty-six administrative divisions that are not part of a larger region. The regional governor and the regional council are chosen by the people of the twenty-four departments and the province of Callao under the provisions of the constitution.

The executive branch is headed by the Governor, who also makes budget proposals and draughts executive orders, resolutions, and regional plans. With regard to the region’s finances and regional officials, the Regional Council has the power to remove the governor or deputy governor, or any council member from office if necessary. Regions are governed by a governor and a council for a period of four years. Planning regional development, carrying out public investment projects, encouraging economic activity, and overseeing government property are all tasks carried out by these governments.

Municipal councils, like the one in Lima, are in charge of running the province. Decentralizing authority to regional and local governments was one of the main objectives of the reforms. In the process of decentralization, non-governmental organizations (NGOs) had a significant impact.

The term ‘metropolitan area’ is used to describe parts of Peru where district boundaries are blurred. One of the most populous, Lima, is the seventh-largest city in the Americas.

PERU LEGAL SYSTEM

Both the court system in Peru and the arbitration system are often used to resolve economic disputes in the country. All issues are covered by the general jurisdictional Peru Process Service, which is open to the public. A private system of justice recognized by the Constitution, arbitration, is the opposite. A prior Peru Process Service agreement between the parties is required (an arbitration agreement), excluding those involving the Peruvian Government, which are required by Peruvian law.

Arbitration or the Peruvian Code of Commerce may be used to settle business issues, depending on whether or not they are also covered by international trade agreements or the Peruvian Code of Commerce. Legal Decree No. 768 (Code of Civil Procedure) governs the procedure in the Peru Process Service Judiciary system. 

A lower court reviews a lower court’s judgment in the second step of an appeal court’s evaluation of a judge’s decision in the first instance of a business dispute (a higher judge or a superior court chamber). According to the amount of the cause and the location of the defendant’s residence, courts establish their Peru Process Service jurisdiction. First, a civil judge will evaluate the cause. Then, the Superior Court chamber will be in the upper court. If the ‘losing’ party files an unusual judicial review request (Cassation appeal) for the Supreme Court’s reconsideration of the case, the Supreme Court will review it. A third-instance appeal does not dispute the merits of the case, but rather the right application of the law in that Peru Process Service procedure (e.g. existence of grounds for invalidity of the proceedings, among others).

Judiciary proceedings are open to the public, save for those involving family or criminal concerns during the preliminary inquiry phase. Only the parties and their counsel have access to the Peru Process Service papers that are submitted in a trial. Nevertheless, the computerized system of the Judiciary will allow anybody with a file number to access the court judgments made via Peru Process Service. Unless the parties agree otherwise, Peru Process Service information exchanged during arbitration is strictly confidential. 

The Peruvian Judiciary system demands, as a precondition to bringing a suit, the execution of an out-of-court-directed settlement process (conciliation), which is projected to last one month. Parties must specifically agree on all aspects of the arbitration, such as the length of the procedure and the earlier stages (e.g. direct treats, voluntary conciliation, etc.)

PERU PROCESS SERVICE

There are a number of different ways to serve process, which is sometimes known as ‘serving process’ or ‘Peru Process Service.’ The Peru Process Service serves as a means of notifying another party (such as a defendant), court, or administrative body of an initial legal action so that they might reply to it. Peru Process Service is the act of delivering a collection of court papers to the person to be served.

A Peruvian process server may serve any form of legal document, including summonses and complaints, divorce papers, family court paperwork, subpoenas, citations, small claims court proceedings, and more. The Hague Service Convention does not apply to Peru.

Regardless of whether a country is a signatory of the Hague Service Convention, private process servers may nonetheless serve Peru Process Service papers. Off-duty police officers and other government officials may be permitted to use their official status to finish the Peru Process Service in certain situations. States that have not objected to Peru Process Service by mail under Article 10(a) of the convention and jurisdictions that accept it under relevant law are eligible for service by mail.

Peru is not a party to the Hague Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil and Commercial Matters. The United States and Peru are parties to the  Inter-American Convention on Letters Rogatory and  Additional Protocol. The U.S. Central Authority for the treaty is the U.S. Department of Justice, Civil Division, Office of Foreign Litigation, Washington, D.C.  Requests for service under the Inter-American Convention on Letters Rogatory and Additional Protocol may be sent to the U.S. Department of Justice’s contractor,  Process Forwarding International (PFI), for transmittal to the Peruvian Central Authority.

INTER-AMERICAN SERVICE CONVENTION AND ADDITIONAL PROTOCOL

The Inter-American Service Convention and Additional Protocol are standing as a Peru Process Service alternative for the old letters rogatory method. Under the IASC, the Justice Department serves as the central authority for the United States. A commercial contractor serving as the U.S. Central Authority’s service provider transmits requests on behalf of the Department of Justice.

Forms USM-272 and 272A are used by parties to seek Peru Process Service assistance under the IASC. In addition to three Peru Process Service copies of the summons and complaint or other papers that must be served, the Peru Process Service request includes an original and two copies of the forms that must be filled out.

Letters rogatory are required as part of the Peru Process Service request, according to Article 3 of the Additional Protocol. Rather than requiring a formal letter rogatory, the US requirements for Peru Process Service establishes that the Form USM-272/272A meets this criterion. Form USM-272/272A must carry the seal and signature of a court or other authority in the country of origin, as well as the signature and stamp of the Central Authority, in contrast to the Hague Service Convention. Where it says ‘Signature and stamp of the judicial or other adjudicatory authority of the state of origin,’ the clerk of the court in the U.S. where the case is ongoing must affix their seal and signature on the form. The signature of the stamp of the U.S. Central Authority will be performed by a contractor for the Department of Justice.

Form USM-272/272A must include translations of all Peru Process Service documents delivered within the said form. As a good practice, it is recommended that Form USM-272/272A be translated into the language of the destination state, even if it is not obliged to be translated. Both the originating and the destination states’ Central Authorities must be contacted when submitting an IASC service request. Each IASC signatory, like the Hague Convention, has set up a Central Authority to receive Peru Process Service requests inside its boundaries and to carry out service in response to these demands.

The Central Authority in the destination state will provide Peru Process Service in accordance with local legislation after obtaining the necessary documentation.  Page 7 of the form will be signed by the foreign central authority as evidence of the Peru Process Service. Peru Process Service by mail is not provided explicitly in the Convention or Additional Protocol. If mail or other means of Peru Process Service are not available, or if the employment of other channels would affect subsequent attempts to have a U.S. decision locally enforced, litigants should seek advice from local counsel. 

In certain countries, the Convention request process takes around the same amount of time as the letter’s rogatory procedure. A request’s execution might take anything from six months to a year on average. Argentina and Peru, according to the U.S. Central Authority, have been able to process petitions more rapidly, on average within three months. With the Inter-American Service Convention (ISAS), serving court papers in numerous Latin American nations has become easier and more efficient. When it comes to Peru Process Service in contracting states, the IASC may be substantially speedier than the customary letters rogatory.

for assistance serving legal papers

Simply 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 of your process service needs; no job is too small or too large!

Contact us for more information about our process serving agency. We are ready to provide service of process to all of 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. There are 18 judges in the Supreme Court of Peru, which is also known as the Royal Audencia of Lima; 28 superior courts, 195 trial courts, and 1,838 districts

2. It is also possible for Peru’s President to ask the Congress of Peru for their confidence, as Alberto Fujimori did in 1992 and Martin Vizcarra in 2019.

3. Alberto Fujimori resigned before he was taken from office in 2000, Pedro Pablo Kuczynski resigned in 2018, and Martin Vizcarra was removed from office in 2020 after the legislative assembly voted two partially successful impeachments.

4. Free Peru won the most seats in Congress in the most recent general election, which took place on April 11, 2021, although it came short of a majority.  President Pedro Castillo defeated Keiko Fujimori in a presidential runoff that took place on June 5, 2021

5. Unless otherwise specified, these laws are mostly binding. Regulations set by arbitral centres and the Peruvian Arbitration Law, as well as agreements between the parties, regulate arbitration (Legislative Decree No. 1071).

6. In the wake of the current Shelter-in-Place order issued by the federal government, only the parties and their attorneys are allowed to attend hearings in person, due to the distant nature of their participation. Judges have the option to hold sessions in person on rare occasions.

7. Arbitration proceedings involving the government, on the other hand, enable public access to their information once they have been finished.

8. One of the parties to a business dispute initiates any court action or arbitration. Trials usually begin with the filing of a lawsuit. There are two ways to commence an arbitration: either by submitting a formal request for arbitration to an arbitration center or by appointing a lone arbitrator or arbitrator court (an Ad Hoc arbitration). Arbitration rules are established by the lone arbitrator/Arbitration court, which must first be agreed upon by both parties before a case can be filed.

9. U.S. Embassy Lima

Avenida La Encalada cdra. 17 s/n

Surco, Lima 33

Peru

Telephone: + (51) (1) 618-2000

Emergency After-Hours Telephone: + (51) (1) 618-2000

Fax: + (51) (1) 618-2724

Email: LimaACS@state.gov

Consulates

U.S. Consular Agency – Cusco

Av. El Sol 449, Suite #201

Cusco, Peru

Telephone: + (51) (84) 231-474

Emergency After-Hours Telephone: + (51) 984-621-369

Fax: + (51) (84) 245-102

Email: CuscoACS@state.gov

10. IASC’s goal was to standardize servicing of process processes among its signatories. Argentina, Brazil Chile Colombia Ecuador El Salvador Guatemala Mexico Panama Paraguay Peru Uruguay The Hague Convention was signed by just three countries: Mexico, Argentina, and Venezuela.

11. Many IASC contracting nations’ Central Authorities are mentioned on the OAS Department of International Law website.  According to the US State Department, inquiries that do not go via official procedures are often returned unanswered.

12. No postal service is provided by the IASC. It’s up to the legislation of the destination state to decide whether postal service in a signatory state would be allowed.

13. Consular Affairs Bureau will help find out whether postal service is permitted in the intended destination state.

HOW TO SERVE LEGAL PAPERS IN PARAGUAY

Paraguay Process Service is a means of notifying another party (such as a defendant), court, or administrative body of an initial legal action so that they might reply to it. Effectively, Paraguay Process Service is the act of delivering a collection of court papers (referred to as ‘process’) to the person to be served.

Order to show cause, petitions, discovery documents, motions, and more are all handled by Paraguay’s process servers. These servers also serve divorce papers, family court paperwork as well as subpoenas and citations.

BACKGROUND

The Constitution of the Republic of Paraguay is the country’s foundational legislation. As of June 20, 1992, the amendment has been passed by a National Constitutional Convention. After a military dictatorship that lasted for more than three decades and was one of the longest in Latin America, Paraguay’s constitution was drafted exactly three years after democracy was established.

New normative criteria have been included in this constitution. To wit: Spanish and Guarani are now recognized as the country’s two official languages. As a result, public schools are required to educate students in their native language in elementary and high school. Spanish immigrants brought their language and culture to the area, although it was used by indigenous Guarani people for centuries before they were colonized by the Europeans

Contrary to the previous constitution, which required the President of the Republic to proclaim Roman Catholicism, the current one does not create an official religion. Since its independence from Spain in 1811, Paraguay has adopted four constitutions. After fifty-name years of independence, the first was issued in 1870. In light of the growing influence of humanist thought in the latter half of the 19th century, this constitution was one of the most democratic ever drafted. The Declaration of Human Rights and the Constitution of the United States of America, both drafted in 1787, laid the foundation for this ideology, which was later adopted by the French Revolution in their Declaration of Human and Citizen Rights, both drafted in 1789.

In 1967, the four political parties that had been in existence at the time approved the third constitution. The bicameral legislature was reinstated under this constitution. 

When it comes to serving legal documents in other countries, Central and South American countries offer a wide range of choices. Although several Central and South American countries have ratified the Hague Service Convention, they are not a party to the region as a whole. An alternative is provided by the Additional Protocol to the Inter-American Letters Rogatory Convention, which is a multilateral agreement to which countries are signatories. The inter-American service convention is a welcome alternative for international process service since only three nations in Central and South America have ratified the Hague Service Convention.

PROCESS SERVICE IN PARAGUAY

The Hague Service Convention does not apply to Paraguay. Regardless of whether a country is a signatory of the Hague Service Convention, private process servers may nonetheless serve papers. The way Paraguay Process Service is delivered here is quite similar to how it is pushed forward in the United States. However, the turnaround time is somewhat greater. Informal Paraguay Process Service, on the other hand, is usually far quicker than the official technique. Off-duty police officers and other government officials may be permitted to use their official status to finish the Paraguay Process Service in certain situations.

States that have not objected to Paraguay Process Service by mail under Article 10(a) of the convention and jurisdictions that accept it under relevant law are eligible for Paraguay Process Service by mail. THE Hague Convention on Service Abroad of Judicial and Extra Judicial Documents in Civil and Commercial Matters does not apply to Paraguay. ˇ

The Office of International Affairs, Criminal Division, Department of Justice should also be contacted for Paraguay Process Service direction by U.S. federal or state prosecutors. In criminal cases, the defense may use the letter’s rogatory procedure to request court help in gathering evidence or serving Paraguay Process Service papers outside of the country of the defendant’s home country. By contacting the U.S. Department of State Authentication Office and then having the seal of the U.S. Department of State verified by the Paraguayan Embassy in Washington, D.C., documents issued in the United States may be authenticated for use in Paraguay. The Secretary of State of the state in which the document was issued must validate it before it may be accepted by the federal government.

INTER AMERICAN CONVENTION IN PARAGUAY

The Inter-American Convention has been signed by Guatemala, Uruguay, Panama, and Peru. International treaties like the Hague and Inter-American have been signed by several countries, including Mexico. Using Letters Rogatory and requiring translation of all Paraguay Process Service documents served, the Hague Convention has many similarities with the Inter-American Convention. Hague Convention and Inter-American Convention have noteworthy differences, though. The lack of clearly defined central authorities is one of these issues. With no clear structure of the Central Authority, it is difficult to know where to submit paperwork to ensure that Paraguay Process Service is provided.

Significant variations continue despite the Inter-American Convention’s attempts to standardize the service of process among its members. According to Article 2 of the Inter-American Treaty, this convention is only applicable to civil and commercial matters. Only Chile has said that it intends to broaden the scope of Article 16 to include criminal and administrative matters.

The Inter-American Convention is preferable to ordinary Letters Rogatory for serving process throughout Central and South America. Members of this convention have committed to work together to serve process, particularly in civil and commercial proceedings, under this agreement. When the Inter-American Treaty is a possibility, the Hague Service Convention is out of the question.

INTER-AMERICAN CONVENTION: HOW DOES IT OPERATE?

The Inter-American Convention on Letters Rogatory and Additional Protocol may make it easier for countries to work together on law enforcement issues (IACAP). Treaty status is only granted to countries who sign both agreements, which the United States regards as limited to the serving of process. The Convention’s technique of serving documents via a foreign central authority replaces the previous practice of letters rogatory. 

There are provisions in the IACAP that allow for Paraguay Process Service use in criminal and administrative processes, apart from civil and economic problems This is the first time that Chile has said that it plans to utilize the IACAP. Legal routes, diplomatic or consular agents, and/or central authorities in the countries in which the letters are being sent may all be used to deliver rogatory letters to their intended recipients. Each signatory state must notify the Organization of American States General Secretariat of the Central Authority with the authority to accept and deliver letters.

LETTERS ROGATORY

According to tradition, formal letters rogatory are not necessary. When there is no treaty or other agreement, letters rogatory are used to seek judicial assistance from outside the country. The sovereignty of a nation may be violated if an act is carried out without the approval of a foreign court. This kind of letter is issued by the courts of one nation to the courts of another. Letters rogatory may be used to serve process or collect evidence if permitted by the laws of the foreign country.

Prior to beginning the letters rogatory procedure, parties should confirm that the country in which process and evidence are to be served or taken is not a party to any multilateral treaties on judicial assistance, such as the Hague Service and Evidence conventions or the Inter-American Convention on Letters Rogatory and Additional Protocol. With these agreements, requesting judicial assistance has become easier and quicker, decreasing the time and effort required to write usual letters of rogatory. It is necessary to make sure that the necessary Paraguay Process Service has [A.] an authenticated copy of the complaint with its supporting documents, and of other exhibits or rulings that serve as the basis for the measure requested; [B.] written information identifying the judicial authority issuing the letter, indicating the time limits allowed the person affected to act upon the request, and warning.

Three copies of the summons and complaint or other papers to be served should accompany the request for Paraguay Process Service. There should be at least three copies of the requested documents in addition to the original and two copies of the Paraguay Process Service request. Even if the form itself doesn’t need to be translated, any documents that need to be served in the foreign country, including summonses and complaints, must be translated.

An official signature from the Clerk of the U.S. District Court is essential and cannot be eliminated. As part of IACAP, the form must have the seal of judicial or other authority in the countries of origin, together with the signature and stamp of the Central Authority. To complete the form, the clerk of the court in the United States where the matter is now pending must sign and seal it with their seal and signature. The signature and stamp of the U.S. Central Authority will be performed by a Department of Justice contractor.

Arriving in the country where the service is to be carried out is the first step. The documentation must be completed in full if the Paraguay Process Service is to be completed accurately and thoroughly. If the documents are not complete, they will be returned. Even if the IACAP says that processing requests should be free of charge, it is possible under the IACAP to charge parties for expenditures incurred in providing service in accordance with local law. A fee of USD 25.00 will be payable to the government of various international countries. It has been ruled out in Mexico and Argentina that a charge is required. Countries that signed the Convention and Additional Protocol have yet to respond. If Paraguay Process Service is required in a country other than Mexico or Argentina, a certified check or money order for USD25.00 made payable to the foreign central authority must be delivered with the form and documents to be served. If there is no service fee on the account, the check will be reimbursed.

When a problem arises as a consequence of implementing the measure sought in a letter rogatory, it is up to the authorities of the State of destination to resolve issues of Paraguay Process Service. If they determine that they do not have the power to carry out the letter rogatory, they must ex officio send the papers and antecedents of the Paraguay Process Service case to the authority of the state that has jurisdiction. IACAP mandates that, in addition to the Central Authority, a judicial authority of origin sign and seal all necessary convention forms before they may be used. The translation of Paraguay Process Service documents served, such as summons and complaints, is required even if this Paraguay Process Service form does not need a translation. As proof of delivery, the foreign central authority will sign page 7 of the form. The International Association for the Advancement of Civil and Commercial Rights only addresses civil and commercial issues (IACAP).

The Convention and its Additional Protocol do not directly address the problem of Paraguay Process Service by letter. It is important to confer with local counsel to find out whether mail or other methods of Paraguay Process Service are available, and what influence the use of other channels has on later efforts to execute a U.S. ruling in a foreign country.

for assistance serving legal papers

Simply 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 of your process service needs; no job is too small or too large!

Contact us for more information about our process serving agency. We are ready to provide service of process to all of 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. Section 1 contains the Preamble, which summarises the fundamental purposes and principles of the Constitution; Section 2 includes articles 49 to 291; and Section 3 has 20 articles that provide final considerations, such as the derogation of the Constitution that had been valid until that time.

2. The Guarani language is spoken by 80% of the people of Paraguay, making it the only Southern American nation to be officially bilingual. The official language in the 1967 Constitution, which was written in Spanish, was not English.

3. After a coup on February 18, 1940, when General José Félix Estigarribia gained complete control of the country, the political charter of 1940 became the second constitution. A 1940 Executive Order 2242 ratified and implemented the Constitution, both written and signed by President Franklin D. Roosevelt. On August 4, 1940, a plebiscite was held to approve the new constitution.

4. U.S. Central Authority for the treaty is the Civil Division of the U.S. Department of Justice’s Office of Foreign Litigation, based in Washington, DC; Inter-American Letters Rogatory and Additional Protocol service requests may be directed to a contractor of the U.S. Justice Department, to be sent to the Brazilian Central Authority.

5. U.S. Embassy in Asuncion is located at 1776 Mariscal Lopez Avenue in Asunción, Paraguay, and may be contacted by phone at +(595)(21) 213-715 or through fax at +(595)(21) 229-581.

6. Answer to the 2008 Hague Conference on Private International Law inquiry on the practical application of the Hague Service Convention. The Inter-American Convention on Letters Rogatory and Additional Protocol is signed by the United States and Paraguay.

7. A year or more is typical for countries that have not joined the Hague Service Convention and instead rely on the Inter-American Convention.

8. Department of Justice is the US Central Authority for the IACAP. When the Department of Justice sends requests to the U.S. Central Authority, the requests are routed to a private contractor who handles the Central Authority’s service needs.

9. Central authorities of the countries involved in the Inter-American Service Convention receive requests for assistance. The court in the sending country must also sign off on the requests, but this must be done via the central authority. 

10. The exception to this rule is the border states. When a court in a border area of a state party responds on a request directly from the parties, it does not need authentication. Lawyers representing their clients in border states may request that the U.S. central authority get proof of service directly from the central authorities in those states. As a consequence, include a return address in your inquiry is very essential. This information should contain the name and location of the attorney. The U.S. Central Authority must authenticate a request from a border state to the Mexican Central Authority in accordance with the Hague Apostille Convention.

HOW TO SERVE LEGAL PAPERS IN PAKISTAN

The first legal action must be served on another party, court, or administrative body through Pakistan Process Service before the court, body, or other tribunals may exercise its jurisdiction over that individual and allow them to react. A process server serves the person on whose notice is to be served by delivering a set of court papers. 

A multilateral convention signed in Hague, Netherlands, on November 15, 1965, by members of the Hague Conference on Private International Law allows Pakistani process servers to serve civil and commercial issues in accordance with the Hague Convention. With it, plaintiffs may now serve papers on overseas parties who are located, functioning, or based reliably and efficiently. To serve the process in civil and commercial cases, the convention’s requirements are applicable.

BACKGROUND

There are four provincial and one federal civil courts in Pakistan, which are governed by the Civil Court Ordinance 1962, which has been enacted, with some revisions, in each of the four provinces, as well as Islamabad Capital Territory.

A single judge presides over each civil court and hears and determines all matters. In civil cases, the courts presided over by civil judges often serve as the initial level of appeal. Each class of civil judges has a separate monetary jurisdiction, and each class is subdivided into smaller groups. The appellate courts of district judges are the most common kind of appellate court. In certain situations, however, they act as first-instance tribunals for defamation proceedings. It is up to the extra district judge to perform the duties assigned by the district judge, and the additional district judge has the same authority as the district judge’s court. Karachi is a significant exception to this rule since the High Court of Sindh has been given original jurisdiction to hear civil claims valued at above PKR 15,000,000.00 

When a lawsuit is worth more than a district court judge’s decision, an appeal may be taken to the High Court. The High Court has the power to overturn a judgment by a district judge in appeals. In the event that a district judge’s judgment or decree cannot be appealed, a High Court revision may be filed to challenge that order or decree. The Supreme Court is the usual venue for appeals from the High Court.

Specialized courts and tribunals, such as those for banking disputes, rent disputes, consumer disputes, and intellectual property issues, have been established in Pakistan in addition to the country’s general civil court system. Administratively speaking, the multiple benches of a court may divide up cases.

All of Pakistan’s ordinary and specialized courts, as well as the five High Courts, are subject to the supervision of one of these courts. Despite the fact that the High Courts normally have appellate jurisdiction, they have been granted civil original jurisdiction by legislation in a number of different areas, including business and banking.

Judges in Pakistan are the only ones who can determine the case. Pakistan does not have a jury system. A passive role is taken by Pakistan’s court judges while hearing cases, as is usual in most common law nations, such as the United States and Canada. Judges in civil jurisdiction are obligated to follow the Code of Civil Procedure 1908’s Pakistan Process Service requirements in every case, including the determination of preliminary issues of jurisdiction, limitation, maintainability, and compliance with procedural formalities (payment of court fees, Pakistan Process Service fees, etc), the disposition of applications, framing issues, appointment commissions to record evidence and supervising recording and depositions of evidence.

PREACTION CLAIMS

The parties should take into account any pre-action factors while enacting Pakistan Process Service.  There is often no need to take any step prior to initiating civil litigation in the courts. Depending on the state, Pakistan Process Service notices may need to be sent to various government entities before a lawsuit can be filed.

As to the Code of Civil Procedure 1908, civil procedures begin with the filing of an action (plaintiff’s claim) in a first instance court and payment of court costs. Following a judge’s or judicial officer’s review of the plaint, a summons containing the claim papers is issued for Pakistan Process Service on the defendants or respondents using defined methods for service in order to file a reply in response to the claim by a certain date. As a last resort, the court might mandate Pakistan Process Service through publishing in the newspaper if registered mail and personal Pakistan Process Service fail to deliver the summons.

PROCEEDINGS IN A DOMESTIC COURT

There is a thirty-day deadline for responding to a summons in a civil case when a claim is filed in court, and the summons is sent to the opposing party for a response. An interlocutory application must accompany a claim in order to be heard by the court. The court considers whether the opposing party should be notified of the application and may make a preliminary order, such as an ad-interim injunction, on that application at this point. That application is then scheduled for a hearing in court. The opposing party is invited to submit a response to the application by the date of the hearing, as stated in the notice of the application. If a respondent files a reply, the claimant is usually given the option to respond to Pakistan Process Service. Thereafter, a hearing on the application is scheduled, and all parties are given an opportunity to present their side of the story.

Court proceedings are scheduled after a response has been received from either side or if the other party has been prevented from making one. This is when the court makes decisions about the case based on the pleadings made by the parties. These are the many legal and factual concerns that need to be addressed throughout the course of the proceedings. The case is slated for evidence recording after the difficulties have been resolved. There will be an opportunity for both parties to make oral arguments in court after the completion of the evidence before the court renders its final decision.

It is rare for a court’s procedural timetables to be properly implemented, even when it specifies deadlines and time periods for different parts of the case and specific dates for submitting Pakistan Process Service. Adjournments are more often requested and granted, and as a consequence, cases might be extended before they are finally resolved.

A case’s schedule is ultimately determined by the judge who is in charge of implementing all rules and regulations, including any deadlines imposed by law. As a result, parties have the ability to seek adjournments from courts, and judges are often flexible when it comes to this request

Documents and other evidence are not required to be held in a secure location until trial. Order XI of the Code of Civil Procedure 1908 and its regulations control the discovery and examination of documents. Rule 14 gives the court the right to compel any party to provide documents in their custody or control pertaining to any topic in dispute during the proceedings. That process allows any party to request that any other party provide Pakistan Process Service documents that are referenced in their pleadings or affidavits for review by the party providing notice. Application to inspect Pakistan Process Service documents other than those referred to or contained in pleadings, and those that are held by the party in question, may only be granted by the court if it believes the document is necessary for the fair and efficient resolution of a suitor in order for the court to save money. Instead of discovery as used in the United States, the Code of Civil Procedure 1908 encourages the creation of narrowly targeted Pakistan Process Service documents.

In order for a party to use a piece of evidence, Pakistan Process Service must be presented with their pleadings. Affidavits of witnesses and specialists aren’t necessary to be exchanged between parties before the start of the trial, though. The Qanun-e-Shahadat Order 1984 codifies Pakistan’s evidence law. Prior to the start of the trial, each side must submit a list of witnesses and Pakistan Process Service documents they want to use. First comes the claimant, and then comes the defendant in order to comply with Pakistan Process Service.

Judges and commissions constituted by the court hear the testimony of witnesses of fact and experts. The testimony of the witnesses is recorded in a narrative manner by the judge or commission, as instructed.

Anyone who has a presumption of truth connected to a Pakistan Process Service document may produce it in evidence in court via the testimony of their lawyer during the examination-in-chief, or by making a declaration to that effect during cross-examination.

REQUIREMENTS for process SERVICE IN PAKISTAN

For Pakistan Process Service in domestic actions, the Central Authority of a State addressed may use one of two methods: either [A.] a method prescribed in its internal law for Pakistan Process Service of documents on persons within its territory, or [B.]  a method requested by the applicant, unless the requested method is incompatible with the law of a State addressed. Both options are acceptable. As long as the recipient of the document freely accepts Pakistan Process Service, the document may be served. Official language or one of the official languages of Pakistan must be used if the Pakistan Process Service document is to be served under Central Authority.

The Hague Service Convention made it easier for parties to serve each other in other contracting nations by establishing a simpler Pakistan Process Service. State governments must appoint a central authority to receive requests for assistance under the treaty. An official of the judiciary who is qualified to serve the Pakistan Process Service in the state where the service is to be made is entitled to transmit a request directly to the state’s central authority. Requests for Pakistan Process Service in the receiving state are handled by the receiving state’s centralized authority, generally via a local court. At this point, the central authority sends an acknowledgment to the court officer who requested it.

According to the Hague Convention, Pakistan Process Service papers may be served by postal or diplomatic/consular agents; judicial officers; authorities; or other competent individuals via numerous channels. Member nations may or may not approve these provisions as a lawful method of serving the papers in their jurisdiction under Articles 8 to 10. Using the Central Agency (Article 5) to deliver papers is mandatory for all member nations. As a rule, the Central Agency’s services take between four and a half and a year to complete. Even if a certificate of Pakistan Process Service or delivery from the Central Agency has not been obtained by the plaintiffs after six months, the convention provides them with a remedy. As long as a fair amount of time has passed, the Court may rule on the matter. Moreover, the court has the power to grant a temporary injunction or protective measure before the six-month waiting time is up in the event of an emergency.

Only states that have not objected to mail service under Article 10(a) of the convention and jurisdictions where the court action takes place to enable it under their relevant legislation to be sent by mail. In civil and commercial matters, Pakistan has ratified the Hague Convention on the Service of Process Outside the Sovereign State. 

There should be two sets of documentation and translations for each request. Pakistan’s Central Authority for the Hague Service Convention should be contacted. Either an attorney or a court clerk should complete the request form in the United States. Applicant’s name, address, and signature/stamp should contain the titles “attorney at law” or “court clerk.” Pakistan has officially objected to service under Article 10 in its Declarations and Reservations on the Hague Service Convention and does not authorize service via postal routes. 

No authorization from the Central Authority for the Hague Evidence Convention is required for US consular employees to conduct voluntary depositions of US persons in Pakistan, provided no force is employed. Depositions of non-U.S. nationals must be approved by the Central Authority for the Hague Evidence Convention before they may be carried out by U.S. consular employees. For depositions taken by commissioners, the Central Authority must be granted prior approval, regardless of the witness’s nationality. If the deponent consents, telephone depositions, and video teleconference testimony may be conducted. However, this usually requires collaboration between U.S. litigants and a Pakistani legal practice in order to make the necessary preparations. Any time a U.S. consular official is needed to swear in the witness, interpreter, or stenographer on behalf of the U.S. government, prior preparations must be made with the embassy.

Because it is not a signatory to the Hague  Evidence Convention, Pakistani public documents must still be legalized before they may be used in Pakistani courts. The U.S. Department of State Authentications Office may authenticate documents for use in Pakistan, and the Pakistani Embassy in Washington, D.C., can authenticate the seal of the U.S. Department of State. The Secretary of State of the state in which the document was issued must first validate it.

for assistance serving legal papers

Simply 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 of your process service needs; no job is too small or too large!

Contact us for more information about our process serving agency. We are ready to provide service of process to all of 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. there is the district court, the supplementary district court, and the civil court.

2. There are various acts that have unique limitation periods in addition to the Limitation Act.

3. Pakistan’s Limitation Act 1908 (the Limitation Act) governs the time limits for filing all civil claims in the concerned civil courts in all provinces of Pakistan and the Islamabad Capital Territory, which provides for various time limits for bringing different kinds of claims, ranging up to 12 years.

There can be no waiver or suspension of statutory time restrictions and, unless there are specific exceptions given in the Limitation Act, any claim brought after the time limit has expired must be dismissed by a court.

4. Notifying the defendant of the intent to sue is required by legislation, such as the Defamation Ordinance 2002.

5. Advise given to a client by an advocate and contact between an advocate and a client are protected and cannot be forced in evidence under the applicable legislation controlling evidence in Pakistan, article 9 and 12 of Qanun-e-Shahadat Order 1984 The privilege of communicating with in-house attorneys will not be extended to full-time paid employees who are unable to practice law as an advocate.

6. A witness’s own attorney conducts the first examination-in-chief. Evidence-in-chief may be given by a witness who affirms in front of the court or commissions the contents of his or her affidavit in evidence. An affidavit’s supporting papers must also be presented as evidence. Afterward, the opposing counsel is allowed to question the witness verbally. A re-examination of the witness by the witness’s own counsel is then permissible.

7. U.S. Embassy Islamabad

Diplomatic Enclave, Ramna 5

Islamabad, Pakistan

Telephone: +(92)(51) 201-4000 or +(92)(51) 201-5000

Emergency After-Hours Telephone: +(92)(51) 201-4000

Fax: +(92)(51) 282-2632

Email: ACSIslamabad@state.gov

Consulates

U.S. Consulate General Karachi

Plot 3-5 New TPX Area, Mai Kolachi Road

Karachi, Pakistan

Telephone: +(92)(21) 3527-5000

Emergency After-Hours Telephone: +(92)(21) 3527-5000

Fax: +(92)(21) 3561-2420

Email: ACSKarachi@state.gov

Website: https://pk.usembassy.gov/embassy-consulates/karachi/

U.S. Consulate General Lahore

50, Shahrah-e-Abdul Hameed Bin Badees,

(Old Empress Road) near Shimla Hill Circle,

Lahore, Pakistan

Telephone: +(92)(42) 3603-4000

Fax: +(92)(42) 3603-4212

Email: acslahore@state.gov

Website: https://pk.usembassy.gov/embassy-consulates/lahore/

U.S. Consulate General in Peshawar

11 Hospital Road, Peshawar Cantt.20

Telephone: +(92)(91) 526-8800

Fax: +(92)(91) 527-6712

Website: https://pk.usembassy.gov/embassy-consulates/peshawar/

HOW TO SERVE LEGAL PAPERS IN NEW ZEALAND

New Zealand is not a party to the Hague Convention on the Taking of Evidence Abroad in Civil and Commercial Matters

Voluntary depositions may be conducted in New Zealand regardless of the nationality of the witness, provided no compulsion is used. Oral depositions or depositions on written questions may be taken by U.S. consular officers or by private attorneys from the U.S. or New Zealand at the U.S. Consulate General in Auckland or at another location such as a hotel or office, either on notice or pursuant to a commission. 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.

how to serve DOMESTIC legal papers IN NEW ZEALAND

In New Zealand, the plaintiff must serve or hand over almost every New Zealand Process Service document they submit with the High Court. This provides the date and location of a hearing or conference.

Documents may be served through delivery via mail or drop-off at the recipient’s address between 9 am and 5 pm. A form of New Zealand Process Service that the court may instruct the server to use is to deliver it to an address provided by the opposing party for serving of process.

Interlocutory or originating applications without notice do not need the New Zealand Process Service of papers on the opposite party. For most District Court documents, New Zealand Process Service or delivery to the opposite party is a requirement. Neither party is responsible for serving the other party’s papers, although both parties are responsible for doing so. This provides the date and location of a hearing or conference.

New Zealand Process Service is required for papers that initiate a proceeding, such as the statement of claim, a notice of the proceeding, and list of documents, or an initiating application. If the other party refuses to accept the papers, the person serving them must place them on the table in front of them so that they may view them. The Court may be able to help the individual attempting service if they have attempted to serve the papers themselves but have been unsuccessful.

Documents may also be served if the individual mail them to the address provided by the other party or leave it at that address between 9 am and 5 pm for servicing.  However, the individual will need to make a particular New Zealand Process Service application for this if they want to send it to a post office box, document exchange box, email address, or fax number supplied by the other party for the purpose of service. When the plaintiff files an application without notice, they do not need to serve the opposite party with any papers.

HOW IS PROCESS service DONE IN NEW ZEALAND

New Zealand Process Service requires the individual to deliver the notification to the recipient in person or at the person’s normal or last-known place of abode or employment. Alternatively, New Zealand Process Service may also be done through pre-paid mail to the address of the person’s normal or last known place of home or business, making sure that it is sent to the person’s designated postal service address or delivering it to the person’s designated New Zealand Process Service address, which they have selected in document exchange. 

Crown organizations may be serviced by presenting New Zealand Process Service in person to the organization’s headquarters or by sending it to the fax number or email address that the company has designated as its main office.

As long as there is no evidence to the contrary, the moment at which a letter would have been delivered in the normal course of postal service is considered to be when a notification or other document is received by a person. If the New Zealand Process Service notice is returned to the sender after being posted, it may not be considered served.

New Zealand Process Service on the Chief Executive of the relevant government Department or Ministry is considered service on a Minister when a notice or other document is needed to be served on the Minister. New Zealand Process Service on an official of the body or the registered office of the body is regarded to constitute service on the body when a notice or other document is to be served on it (whether or not it is incorporated). It is possible to serve the notice on a partnership by delivering it to one of the partners, and this is seen as serving notice on the whole partnership.

PROSECUTOR’S FILING OF INFORMATION CHARGE

Prosecutorial procedures begin with the filing of information (charge). The Summary Proceedings Act of 1957 lays forth the steps involved in serving a summons.

A summons and an “information” (charge) are almost similar. It is the defendant who receives a copy of the information, which is known as the summons. The date and hour of the hearing are specified in the summons. Constables and court officials are authorized to serve summonses, but anybody else must be authorized by the Registrar of Process Servers to carry out the New Zealand Process Service.

If a person is required to serve a document herein, the requirement may be met by [A.] serving the document to the recipient or bringing it to the recipient’s notice if the recipient refuses to accept it; [B.] leaving the document for the recipient at the recipient’s place of residence with another person who appears to be of or over the age of fourteen years; [C.]  leaving the document for the recipient at the recipient’s place of business or place of work with another person by sending the document to the recipient by prepaid post addressed to the recipient’s last known place of residence or business:  or [D.] if the recipient has a known electronic address, by sending it to the recipient at that address in electronic form.

WHO CAN SERVE legal papers in New Zealand

New Zealand Process Service should be served by an authorized process server. A copy of the application and notice of the time and place appointed for the hearing of the application.

An authorized process server refers to a person who is a constable or a Police employee authorized by the Commissioner of Police to serve documents. Specifically to the Summary Proceedings Act, the process server may be or officer of the court; or a person or a member of a class of persons authorized by a Judge or Registrar to serve documents either generally or in respect of a particular case or class of case. This is not exhaustive, as the server may also be an officer or employee of a corporation that is authorized by the Secretary for Justice to serve or an individual who is authorized by the Secretary for Justice. 

 In relation to a body corporate or Crown organization, the server includes a person involved in the decision-making or management of the body or organization. Recipient means the person required to be served, in relation to a document, includes giving the document to a person; but does not include filing the document in a court under rules of court.

There may be circumstances in which a person must receive the court papers in person in order for them to reply to them in a reasonable amount of time. Additionally, the process server must collect a signed proof of service and get the recipient’s acknowledgment of service before they may deliver the papers.

The regulations for serving papers in New Zealand are quite strict and vary significantly from court to court. In order to make sure that the papers are served in accordance with Ministry of Justice guidelines, one must be familiar with them.

NEW ZEALAND AND THE HAGUE SERVICE CONVENTION

Consular services to U.S. citizens are available only at the U.S. Consulate General in Auckland. Consular services are unavailable at the U.S. Embassy in Wellington even in case of emergency. It is important that an individual should only approach the U.S. Consulate General in Auckland for consular assistance.

The Hague Convention on the Service of Civil and Commercial Process Outside the State Parties does not apply to New Zealand. Personal service, international registered mail with return receipt desired, and letters rogatory are among the ways in which the process might be served in New Zealand.

If the defendant does not reside or do business in New Zealand, the District Court nearest to the location where the events leading to the claim occurred or the property in question is situated (users may choose which District Court) should be used. The same location must be used for all future applications (unless the matter is transferred to another District Court).

It is possible to request a registration transfer if the case was filed in the improper register or if a registry in another court would be more suited. In New Zealand, everyone who is about to be sued or has been listed as a defendant in a lawsuit has to be given advance notice of the proceedings.

LETTERS ROGATORY IN NEW ZEALAND

In the absence of a treaty or other arrangement, requesting judicial help from another country is often accomplished via the use of letters rogatory. If an act is carried out without the consent of the foreign court, it might be considered a breach of that country’s sovereignty. Letters rogatory are requests sent from one country’s courts to another country’s courts. There may be circumstances when the foreign country’s laws allow the use of letters of rogatory to serve process or gather evidence.

If the nation where New Zealand Process Service or evidence is to be served or taken is not a party to any multilateral treaties on judicial aid, such as the Hague Service or Evidence Conventions or the Inter-American Convention on Letters Rogatory and Additional Protocol, litigants should not proceed with the letters rogatory procedure. These norms streamline the New Zealand Process Service of asking for court aid, making it much less time-consuming and burdensome than it would be otherwise.

A year or more may pass before letters rogatory are finally carried out. In the past, diplomatic routes were used to send rogatory letters, which took a long time to complete. In countries where it is legal, the request may be sent straight to the foreign court or other competent authorities, cutting down on processing time. It’s possible to get a list of foreign lawyers who are prepared to help American customers on the websites of US embassies and consulates across the world.

To avoid being misunderstood by a foreign court, letters rogatory should be drafted in plain, uncomplicated English with no extraneous material. Many nations have their own methods of gathering evidence, and the United States’ discovery laws may be seen as too wide by other countries.

An overly wide request may result in the foreign government refusing to comply with the request if it seems to be ill-advised.  Include information in the letters rogatory if a foreign court’s procedures are preferred. The letters of rogatory should be sent to the proper judicial authority in the jurisdiction.

It is up to the nation to whom the letter is directed and the aid requested as to what format rogatory letters should take. Legal frameworks for distributing aid exist in several nations.

for assistance serving legal papers

Simply 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 of your process service needs; no job is too small or too large!

Contact us for more information about our process serving agency. We are ready to provide service of process to all of 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. Requests from New Zealand to Obtain Evidence in the United States:  Requests from New Zealand may be submitted to the Office of Foreign Litigation, Civil Division, Department of Justice, 1100 L St., N.W., Room 11006, Washington, D.C. 20530.  Requests may also be submitted via diplomatic channels to the U.S. Department of State, Bureau of Consular Affairs, Overseas Citizens Services, Office of American Citizens Services, East Asia and Pacific Division, CA/OCS/ACS/EAP. Mailing address: SA-17, 10th Floor, 2201 C Street N.W., Washington, D.C. 20522.

2. Section 352 of the RMA specifies the methods for serving papers.

3. The summons and complaint may also be sent to their designated service address by means of a fax, or to their fax number, delivering it to the person’s designated service email address; or through service in accordance with the specific directions given by the Environmental Court.

4. In accordance with section 352(4A), a manner agreed upon between the organization and the person serving the notice or document.

5. The assumption of service was disproved in Farrell v Manukau City Council [2008] A056/08. Although the Council had relied on the resource approval and proceeded with the bidding procedure, an appeal was lodged within the time limit, the Court ruled.

6. Abatement notices may be delivered by mail, however a charge of non-compliance with such notices was rejected in Wellington City Council v Taylor [1997] CRN 6085018671 because the letter was served through the Council’s internal mail system. Both the council and the defendant were unable to establish that the letter was mailed on the day it was dated.

7. According to Section 24 of the Summary Proceedings Act, there is a procedure for serving summonses on defendants.

8. That is required to be served on the judgment debtor which must be served by or on behalf of the judgment creditor or by an authorized process server.

9. U.S. Consulate General Auckland

Citigroup Centre, 3rd Floor,

23 Customs Street East

Auckland, New Zealand

Telephone: +(64) (9) 303-2724

Emergency After-Hours Telephone: +(64) (4) 462-6000

Fax: +(64) (9) 303-1069

Email: aucklandacs@state.gov

U.S. Embassy Wellington

29 Fitzherbert Terrace, Thorndon

Wellington, New Zealand

Telephone: +(64) (4) 462-6000

Emergency After-Hours Telephone: +(64) (4) 462-6000

Fax: +(64) (4) 499-0490

10. On the Hague Conference on Private International Law Service Convention site, see the US Central Authority for the Service Convention page for information on service in the US. In addition, the Hague Service Convention Office processes requests for service of process from nations that are not signatories.

11. Civil appeals may be submitted to the following authorities or courts: 

any district court that the parties (user and any other appellants or respondents) agree to is the most convenient to where the appeal was heard, or if there was no hearing, the most convenient district court where the decision being appealed was handed down (if all agree that an appeal should be filed in a Registry other than the one designated above, a memorandum recording agreement should be filed along with the notice of appeal).

No matter whether a plaintiff or defendant in a lawsuit, the individual must submit all of their paperwork at the District Court where the plaintiff began their case.

12. Non-complying documents

(1)A document that does not comply with these rules may be received for filing only by leave of a Judge or the Registrar.

(2)The cost of an application under subclause (1) must be borne by the party making it, and may not be claimed as costs against another party under Part 14.

(3)Despite subclause (1), a document presented for filing by a party who is not represented by a lawyer may be received and corrected by a Registrar, with the consent of that party.

HOW TO SERVE LEGAL PAPERS IN NICARAGUA

The Republic of Nicaragua is the largest country in the Central American isthmus, bordered by Honduras to the northwest, the Caribbean to the east, Costa Rica to the south, and the Pacific Ocean to the southwest. Managua is the capital and biggest city of Nicaragua and is also the third-largest city in Central America, behind Tegucigalpa and Guatemala City in terms of population. 

Civil law philosophy is paired with an adversarial paradigm in Nicaragua’s legal system, in which both parties, plaintiff, and defendant, are in equal positions. The Nicaragua Process Service begins with a written demand, which is followed by an open court defense of spoken legal arguments.

BACKGROUND

The President of Nicaragua serves as both head of state as well as head of government within the framework of a presidential representative democratic republic and a multiparty system. The government wields executive authority. Government and national assembly both have legislative authority. The judiciary is the third and final branch of the United States federal government.

Nicaragua’s political parties debated the idea of switching from a presidential to parliamentary system during the years 2007 and 2009. There would be a clear distinction between the head of state and the head of government (the prime minister) (president). As a result, it was subsequently asserted that the underlying purpose of this plan was for President Ortega to remain in power beyond January 2012, when his second and last term of office would be over. For a third time, Ortega was re-elected in November of 2016.

Nicaragua has a foreign policy of its own. Both Colombia and Costa Rica are involved in territorial disputes with Nicaragua over the Archipelago de San Andrés y Providencia and the Quita Sueno Bank.

STRUCTURE OF NICARAGUA COURT SYSTEM

 The first is the provincial courts, which are located in each province and consist of either a local court or a district court and are structured as such.

All proceedings in Nicaraguan courts are required to be open to the public unless a statute specifically states otherwise or the judge determines otherwise for reasons of safety, morality, or to ensure the parties’ rights are protected.

LEGAL PROCESS IN NICARAGUA

Each party and their representatives have access to all the details of the ongoing Nicaragua Process Service. Only attorneys who have been registered and approved by the country’s Supreme Court of Justice may represent the parties. In order to act on behalf of the party, the only condition is that they submit a power of attorney. Foreign attorneys are not allowed to represent clients in court proceedings.

The Nicaraguan legal system does not make it illegal to pay the legal claims of others. Because of this, third-party financing is not prohibited. Before launching a lawsuit, the parties must first engage in mediation as an alternate method of resolving their differences. However, if the parties fail to reach a settlement, there are no sanctions.

If the plaintiff wants to sue the defendant, they must do so in the local court where they reside. It is possible, however, for the parties to agree to resolve their disagreement at a particular location. Before deciding whether or not to hear a case, the court will consider the subject matter, value, and geographic scope.

To begin any legal action, the plaintiff must submit a written demand.  As for financial responsibilities, the invoice shows the whole sum that is asked on the lawsuit, including interest and past-due amounts accumulated up to the time of the lawsuit’s beginning. There will be adequate documentation to back up the charges and credits whether the claim originates from a loan or a credit. 

The defendant is informed of the lawsuit’s outcome through a Nicaragua Process Service letter from the court service after the judge has signed off on it. If the parties to the contract agreement, the defendant may be sued outside of the court’s jurisdiction.

There will be no halt in the court’s proceedings if the plaintiff tells the judge that the defendant failed to answer Nicaragua Process Service and seeks for a default judgment to be entered. The defendant, on the other hand, is free to join the proceedings at any time, without having to wait for any previous Nicaragua Process Service action or motion to take effect.

how to serve legal papers via the HAGUE SERVICE CONVENTION AND NICARAGUA

HCCH Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters was ratified by Nicaragua on July 24, 2019. (Service Convention). 

Nicaragua has a six-month objection period that expired on January 25, 2020, in line with Article 28 of the Service Convention. Nicaragua will be prevented from benefiting from the Convention if a Contracting State opposes. This article has never been used in practice, however, as an objection. Brazil (EIF: 1 June 2019) became the Convention’s newest member, a symbol of rising support in Latin America.

It is now simpler than ever to serve Nicaragua Process Service on Nicaraguan firms and individuals in connection with lawsuits filed from outside the nation. To that end, Nicaragua signed on to the Hague Convention on the Service of Civil and Commercial Process Outside of the Country of Issue in 1965, which was ratified by the Central American country earlier this year. International legislation known as The Hague Service Convention came into effect in Nicaragua on July 24, 2019.

It is the goal of the Hague Service Convention, which now has seventy-five signatories from throughout the globe, to make summonses to parties in a foreign action more quickly. Another goal is to expedite foreign parties’ access to legal proceedings in the contractual nation. There are three sections to the Hague Service Convention model form, which is multilingual and well tested. Request, certificate, summary, and warning are all examples of these. There is less doubt about whether or not service was properly carried out using the Hague Service Convention model since it fosters efficiency in the transfer of documents between national court bodies.

Whether or not Nicaragua will allow for private process servers or Nicaragua Process Service by mail is yet unconfirmed. Legal experts, on the other hand, feel that Nicaragua’s adherence to the Hague Service Convention will make alerting parties of pending litigation in another jurisdiction simpler and faster.

When Nicaragua joins the Hague Service Convention, the letters rogatory will no longer be required for Nicaragua Process Service in certain circumstances. Prior to the introduction of the standard form, all Nicaragua Process Service papers had to be legalized and sent via diplomatic channels for processing. According to The Hague Service Convention, Nicaragua’s central authority shall be the single institution responsible for processing Nicaragua Process Service requests in the nation.

Contrary to the Letters Rogatory two-tiered method, Nicaragua has adopted the Hague Service Convention. The Hague Service Convention has yet to be adopted by a Latin American nation, hence the Inter-American Convention governs service of process in that country. El Salvador, Guatemala, Honduras, and Panama are among the Latin American countries that are not a party to the Hague Service Convention.

A first legal action must be served on another party, court, or administrative body via the technique known as “service of process” before the court, body, or other tribunals may exercise their jurisdiction over that individual and allow them to react. A process server serves the person on whose notice is to be served by delivering a set of court papers (referred to as “process”) to the person on whom notice is to be served.

UNDERSTANDING THE HAGUE SERVICE CONVENTION

On November 15, 1965, the Hague Conference on Private International Law enacted the Hague Service Convention, which is a multilateral convention that governs Nicaragua Process Service in civil and commercial cases. With it, plaintiffs may now serve Nicaragua Process Service papers on overseas parties who are located, functioning, or based reliably and efficiently. To serve Nicaragua Process Service in civil and commercial proceedings, the convention’s requirements apply, but not criminal issues. If the person on whose behalf the document is being served cannot be located, then the Convention does not apply.

Regardless of whether a country is a signatory of the Hague Service Convention, private process servers may nonetheless serve papers. Formal service might take up to a month or more, while informal service is usually considerably quicker. Off-duty police officers and other government officials may be permitted to use their official status to finish the Nicaragua Process Service in certain situations. The document must be written in, or translated into, one of Nicaragua’s official languages.

The Hague Service Convention made it easier for parties to serve each other in other contracting nations by establishing a simpler process. State governments must appoint a central authority to receive requests for assistance under the treaty. An official of the judiciary who is qualified to serve process in the state where the Nicaragua Process Service is to be made is entitled to transmit a request directly to the state’s central authority. Requests for Nicaragua Process Service in the receiving state are handled by the receiving state’s centralized authority, generally via a local court. At this point, the central authority sends an acknowledgment to the court officer who requested it.

According to the Hague Convention, Nicaragua Process Service papers may be served by postal or diplomatic/consular agents; judicial officers; authorities; or other competent individuals via numerous channels. Member nations may or may not approve these provisions as a lawful method of serving the papers in their jurisdiction under Articles 8 to 10. Using the Central Agency (Article 5) to deliver papers is mandatory for all member nations. The Central Agency typically takes four to twelve months to complete the services. Even if a certificate of service or delivery from the Central Agency has not been obtained by the plaintiffs after six months, the convention provides them with a remedy. As long as a fair amount of time has passed, the Court may rule on the matter. Moreover, the court has the power to grant a temporary injunction or protective measure before the six-month waiting time is up in the event of an emergency.

Only states that have not objected to this mode of service under Article 10(a) of the convention and jurisdictions where the court action takes place to enable it under their relevant legislation to be sent by mail.

For assistance serving legal papers

Simply 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 of your process service needs; no job is too small or too large!

Contact us for more information about our process serving agency. We are ready to provide service of process to all of 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. A solitary district court.

A single court in the area.

A court of law in a district.

In the local civil court.

The criminal district court. ”

A court of law in your area.

The court of labor.

Local court of labor

The family court.

Local family court

District court for juveniles convicted of criminal offenses.

District Court with a focus on domestic violence

The appeals court, which is composed of three or more magistrates, is the second option. There are four chambers of the Supreme Court of Justice: the Civil Chamber, the Criminal Chamber, the Constitutional, and the Administrative-Contentious chambers.

2. All debt collection measures must be brought within ten years of the due date. After a debt is due, the statute of limitations begins to run.

Payroll, professional costs, arbitrator fees, and notary fees are all subject to a two-year restriction.

3. The demand must include the following documents:

Negative settlement certificate from mediation.

National or international corporation’s competent register entry certificate.

A public act demonstrating the plaintiff’s legal representation.

If required, a power of attorney.

A legal document that demonstrates the plaintiff’s claim to the case.

If it is possible to determine the worth of the things in dispute for the purposes of competence and process, evidence of that value should be provided.

4. If the following conditions are met, the Nicaraguan judicial system will accept a claim for a class-action lawsuit:

1) At the request of the parties concerned.

2) The link between the processes.

There must be a first-in, first-out approach to the continuing procedures.

For collective actions, in Nicaragua, the parties must first agree to begin the collective action in order for it to be legalized.

5. National Organ Ministry of Foreign Affairs

General Directorate of Legal Affairs, Sovereignty, and Territory

E-mail: enlace@cancilleria.gob.ni

N.B.

The purpose of National Organs is the communication between the Members and the HCCH’s Permanent Bureau (Secretariat). They are not intended for communications with the public.

Questions concerning a specific Convention may be directed to a Central or Competent Authority designated by a State for a particular Convention. The details of those authorities are available on the webpage relating to the specific Convention. If legal advice is required, assistance from a qualified lawyer may be necessary. 

The Permanent Bureau does not respond to legal queries from private persons or legal practitioners concerning the operation of the various Hague Conventions.

6. U.S. Embassy Managua

Km 5 ½ Carretera Sur

Managua, Nicaragua

Telephone: +(505) 2252-7100

Emergency After-Hours Telephone: +(505) 2252-7100

Fax: +(505) 2252-7250

Email: ACSManagua@state.gov

HOW TO SERVE LEGAL PAPERS IN NORWAY

Norway Process Service is sent to the other party (such as a defendant), court, or administrative body in order to exercise jurisdiction over that person in order to allow that person to reply to a proceeding before a court, body, or other tribunals

The Hague Service Convention, a multilateral convention enacted in Hague, Netherlands, on November 15, 1965, by member nations of the Hague Conference on Private International Law, governs the service of civil and commercial issues in Norway. With it, plaintiffs may now serve papers on overseas parties who are located, functioning, or based reliably and efficiently. The convention governs the delivery of process in civil and commercial situations, but not in criminal cases. Also, if the address of the person to be served is unknown, the Convention does not apply.

how to serve legal papers VIA THE CENTRAL AUTHORITY NORWAY

An order from the Central Authority instructs a local court to serve the document on a designated recipient. A process server, rather than the Court, is the most common method of the Norway Process Service. As long as there is no specific date scheduled for a hearing and the papers are in one of the three Nordic languages—Norwegian, Swedish, or Danish—they may be served by mail.

If the document to be served is not written in Norwegian, Danish, or Swedish, or if the request is not accompanied by a translation into one of these languages, the regulations adopted by the Royal Decree on September 12, 1969, will only be followed if the document is delivered only to an addressee who accepts the Norway Process Service voluntarily. However, if the Ministry of Justice is certain that the recipient understands the language used in the document, it may allow the delivery of papers. Article 20 of the Geneva Conventions have not been ratified by Norway.

Party service in other contracting states was made easier by the Hague Service Convention. For each contracting state, there is a central body responsible for accepting Norway Process Service requests. The central authority of the state where the Norway Process Service is to be made may be contacted immediately by a judicial officer authorized to serve the Norway Process Service in the state of origin. A local court or other entity designated by the recipient state’s central authority organizes for Norway Process Service to be fulfilled after the request has been received. A certificate of service is sent to the court official who requested it after Norway Process Service has been completed.

DISPUTE RESOLUTION IN NORWAY

In Norway, the most common means of resolving disputes is via litigation in the regular court system. The Dispute Resolution Act 2005 (DRA) governs the litigation process, giving the judge considerable authority over the course of the case, both before preparation and at the main hearing, in terms of time restrictions and the scope of evidence. To put it another way, the parties are in charge of deciding whether or if an action is brought, as well as the evidence to be produced and arguments to be made, under this system. It is the court’s job to assess the arguments and facts put forward by the parties. For the side stating a truth, the burden of evidence is on the party declaring that fact. The burden of evidence may be flipped in rare instances.

Dispute resolution is always combative, whether it takes place in court or via arbitration.

Within the adversarial concept, the court has wide-ranging powers, allowing each party to respond to the other’s claims and evidence in order to ensure that the process is finished in a timely way. The oral hearing, which is the foundation for the judgment, is typically conducted within six months after the initial writ of summons under the DRA. Court-sponsored mediation is encouraged, and the court rules on the admission of evidence, among other things, in the preparation process. Even while arbitrators may adopt their own rules as long as the right of rebuttal is protected, most arbitrators follow the DRA’s procedural guidelines in most cases.

COURT SYSTEM IN NORWAY

The typical court structure for all civil cases is [A.] District Court (single judge) and [B.] Court of Appeals (three judges) and [C.] Supreme Court (five judges, or in exceptional cases 11 or all (18) supreme court judges).

In the District Court and in the Court of Appeals a party may demand that there be additional two lay judges (rarely used), in some cases with particular knowledge of the area which the dispute concerns (more usual in for instance construction disputes). There are no specialized courts except in some very limited cases (patent disputes). Therefore, a case will start in the District Court having Norway Process Service jurisdiction.

If the dispute is for less than NOK125,000, (the amount proposed is to be revised upwards by 75% to 100%), or the defendant is not represented by counsel, the case must start in a special conciliation board, and if still unresolved can then proceed to the District Court.

If a party fails to preserve Norway Process Service material that it should have known may be relevant, the court will take this into account when determining what evidence it finds admissible (where consideration of whom should have secured evidence for the position claimed is a valid factor when weighing evidence). The destruction of evidence may be a crime in certain cases.

A witness statement submitted in writing before the oral hearing may only be accepted if the witness will be unable to appear in person or if all parties agree. Evidence (papers, witness lists, etc.) must be made available to the public at least three weeks before the hearing, and all comments by attorneys must be submitted online through the site. A lawyer or lawyers will next provide evidence to support or disprove their position at an oral hearing.

A demanding party may ask the court to seek an order ordering disclosure of sought information if a provocation is not adequately responded to (within a time limit generally imposed by the court at the planning meeting or later during the pre-trial stage). Once both sides have had time to react, the court will either refuse or allow the application in its whole, or at least part of it. It is possible to challenge this decision in court. Failure to comply with a final court order may result in a dismissal of a claim or a default judgment against a defendant if a final order is not adhered to (for a claim relating to the omitted evidence).

how to serve legal papers via THE HAGUE SERVICE CONVENTION

For civil and commercial matters, Norway is a signatory to the Hague Convention on the Service Abroad of Judicial and Extra-Judicial Documents. The Hague Conference website provides comprehensive information on the Convention’s functioning, as well as an interactive online request form. Norway’s Central Authority for the Hague Service Convention requires that requests be made in triplicate, together with two copies of the papers to be served, and translations. It is recommended that the individual signing the document in the United States by a lawyer or a clerk of the court. Applicant’s name, address, and signature/stamp should contain the titles “attorney at law” or “court clerk.” Objecting to Article 10 of the Hague Convention, Norway said in its Declarations and Reservations that it does not allow Norway Process Service via postal channels.

The Hague Convention on the Taking of Evidence Abroad in Civil and Commercial Matters (Hague Convention) is a treaty signed by Norway. The Royal Ministry of Justice and the Police is Norway’s central authority for the Hague Evidence Convention and is responsible for receiving letters requesting the collecting of evidence. A sample letter of request may be found in the Hague Evidence Convention Model Letters of Request, which provides detailed instructions on how to write one. There should be two Norway Process Service copies of every letter of request that is sent out. Norway Process Service Requests must be translated into one of the following languages: Norwegian, Danish, or Swedish. 

Norway’s Central Authority receives direct requests from the United States for compulsion of evidence under the Hague Evidence Convention and does not need transmission through diplomatic channels. The Hague Evidence Convention can be restricted, which is seen in the Norwegian Declarations and Restrictions. Similarly, Norway’s answer to the 2008 Hague Conference inquiry on the practical implementation of the Hague Evidence Convention provides insight into the country. The Central Authority forwards the document to the competent District or City Court instructing the Court to effect service. The Court will sometimes affect service itself, but very often this task is carried out by a process server.

In general, a process server is used. If the documents are written in Norwegian, Swedish, or Danish or accompanied by a translation into one of these languages, and if it does not include a date set for hearing in the near future, the documents may be served by post.

Under the regulations adopted by Royal Decree on 12 September 1969, requests for Norway Process Service will only be complied with when the document to be served is written in Norwegian, Danish or Swedish, or if the request is accompanied by a translation into one of these languages unless the Norway Process Service document is meant to be delivered only to an addressee who accepts it voluntarily. However, the Ministry of Justice may also in other cases permit the service of documents if it is convinced that the addressee understands the language used in the document.

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Sources

1. U.S. Embassy Oslo

Morgedalsvegen 36,

0378 Oslo,

Norway

Mailing address: PO Box 4075 AMB, 0244 Oslo, Norway

Telephone: +(47) 2130-8540

Emergency After-Hours Telephone: +(47) 2130-8540

Fax: +(47) 2256-2751

Email: osloacs@state.gov

2. The Central Authority typically takes three to five months to process a request once it is received.

3. Preponderance of evidence rules in dispute resolution, which means that the burden of proof rests with the plaintiff, although the burden of proof may shift based on the argument put out and whether any party can be considered to be the one responsible for preserving evidence of a certain allegation (for example, to keep minutes of an alleged agreement in a meeting). In most cases, “contemporary records” will take precedence over witness recall of events.

4. There is some discussion regarding introducing specialist courts for some cases, but nothing has been decided

5. Such cases (concerning disputes of less than NOK125,000 (amount proposed revised upwards by 75%-100%) are handled by special procedural rules (small claims procedure) to expedite matters. The oral hearing is then not expected to last more than half a day and is usually held within three months of the writ of summons. The court can restrict evidence proposed if disproportionate, and the rules contain restrictions on the amount of costs that can be awarded.

6. Address: The Royal Ministry of Justice and Public Security

Department of Civil Affairs

Regular Postal address:

Ministry of Justice and Public Security

Department of Civil Affairs

P.O Box 8005 Dep

0030 Oslo

Norway

Delivery address (for documents sent by courier):

The Royal Ministry of Justice and Public Security

Department of Civil Affairs

Varemottak

Akersgata 59

0180 Oslo

Norway

Telephone:+47 2224 5451

Fax:+47 2224 2722

E-mail: postmottak@jd.dep.no

General website: http://www.regjeringen.no/jd

7. Evidence from the United States has been requested by Norway. The Office of International Judicial Assistance, Civil Division, Department of Justice, 1100 L Street N.W., Room 8102, Washington, D.C. 20530, is the U.S. central authority for the Hague Evidence Convention.

Forwarding authorities

(Art. 3(1)): The courts (including the conciliation boards) and certain administrative authorities such as the County Governors and the Labour and Welfare Administration.

8. Derogatory channels (bilateral or multilateral agreements or internal law permitting other transmission channels) (Arts. 11, 19, 24, and 25)

Supplementary agreements to the Hague Convention of 17 July 1905 and/or of 1 March 1954 were concluded with: Austria; Germany (Berlin, 2 August 1909); Luxembourg (1 June 1910 – Articles 1 and 2).

A multilateral convention on judicial co-operation was concluded between Denmark, Finland, Iceland, Norway, and Sweden on 26 April 1974.

Lugano Convention of 16 September 1988.

Bilateral convention on judicial co-operation: Austria (21 May 1984); Germany (17 June 1977); United Kingdom (London, 31 January 1931 – Articles 2 to 5).

9. Norway has not entered into any agreement with respect to article 20(b). Costs relating to the execution of the request for service

(Art. 12): no costs

Time for execution of request: The average time from receipt at the Central Authority to execution of the request varies between 3-5 months.