Botswana Process Service
Botswana Process service, also known as "service of process,” is the procedure employed to give appropriate notice of initial legal action to another party (such as a defendant), court, or administrative body in an effort to exercise jurisdiction over that person so as to enable that person to respond to the proceeding before the court, body, or other tribunals. Notice is furnished by delivering a set of court documents (called "process") to the person to be served; Botswana process service is performed by a process server.
Botswana PROCESS SERVERs
Botswana process servers serve civil and commercial matters pursuant to the Hague Service Convention, a multilateral treaty adopted in Hague, Netherlands, on November 15, 1965, by member states of the Hague Conference on Private International Law. It came into existence to give litigants a reliable and efficient means of serving the documents on parties living, operating, or based in another country. The provisions of the convention apply to the service of process in civil and commercial matters but not criminal matters. Also, the Convention shall not apply if the address of the person to be served with the document is not known.
Method of Service
Formal Service (Art. 5(1)(a))
Service is effected in matters before the High Court (which is competent in respect of claims exceeding P.2000.00 and in matters involving status) by the Deputy Sheriff (who is a court official) and in matters before the Magistrates Courts in the various districts of Botswana (Gaborone, Lobatse, Mahalapye, Serowe, Selibe-Phikwe, Francistown and Maun) by the Bailiff (who is also a court official).
This is so, both in case of proceedings by action, instituted by summons (in which pleadings are filed, and witnesses give oral evidence), and of proceedings by application or petition (on Notice of Motion, based on affidavits). In the latter case, however, and in the case of processes by action other than the initiating process, service may also be affected by attorneys or their clerks.
The following methods of service are employed:
i. Upon an individual By personal service on the defendant or, under certain circumstances, on his agents or members of his family.
If service cannot be effected by the usual means, the court may order “substituted service,” usually by publication in a nominated newspaper. Suppose the Botswana court has jurisdiction to try the matter, but the defendant is not a resident within the jurisdiction. In that case, service is effected by edictal citation according to the directions given by the High Court in each particular case.
ii. Upon legal persons By service on the director or the secretary, or at the registered office of the company or other juristic person.
iii. Upon universities, churches, clubs, etc. By delivery to the person named for that purpose in the Constitution of the Universitas. Otherwise, the court will direct the form of service, for example, by the publication of a rule nisi in a nominated newspaper. In Magistrates Courts, under certain circumstances, service can also be effected by registered post.
The authorities designated will require all documents forwarded to them for service under the provisions of the Convention to be in duplicate and pursuant to Art. 5(3) of the Convention will require the documents to be written in or translated into the English language.
The Hague Service Convention established a more simplified means for parties to effect service in other contracting states. Under the convention, each contracting state is required to designate a central authority to accept incoming requests for service. A judicial officer who is competent to serve process in the state of origin is permitted to send a request for service directly to the central authority of the state where service is to be made. Upon receiving the request, the central authority in the receiving state arranges for service in a manner permitted within the receiving state, typically through a local court. Once service is effected, the central authority sends a certificate of service to the judicial officer who made the request.
Service by Mail
Service by mail is possible only in states that have not objected to that method under Article 10(a) of the convention and if the jurisdiction where the court case takes place allows it under its applicable law.
Documents can be faxed (800)-296-0115, emailed firstname.lastname@example.org, mailed to 590 Madison Avenue, 21 Floor, New York, New York 10022, or dropped off at any of our locations. We do require pre-payment and accept all major credit and debit cards. Once payment is processed, your sales receipt is immediately emailed for your records.
Drop-offs must call and make an appointment first to be added to building security to permit access to our office. Documents for service must be in a sealed envelope with payment in the form of a money order or attorney check (WE DO NOT ACCEPT CASH) payable to UNDISPUTED LEGAL INC. All documents are received by our receptionist.
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New York: (212) 203-8001 – 590 Madison Avenue, 21st Floor, New York, New York 10022
Brooklyn: (347) 983-5436 – 300 Cadman Plaza West, 12th Floor, Brooklyn, New York 11201
Queens: (646) 357-3005 – 118-35 Queens Blvd, Suite 400, Forest Hills, New York 11375
Long Island: (516) 208-4577 – 626 RXR Plaza, 6th Floor, Uniondale, New York 11556
Westchester: (914) 414-0877 – 50 Main Street, 10th Floor, White Plains, New York 10606
Connecticut: (203) 489-2940 – 500 West Putnam Avenue, Suite 400, Greenwich, Connecticut 06830
New Jersey: (201) 630-0114 - 101 Hudson Street, 21 Floor, Jersey City, New Jersey 07302
Washington DC: (202) 655-4450 - 2200 Pennsylvania Avenue, 4 Fl East, Washington DC 20037
for assistance serving legal papers in Botswana
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