Process Service

HOW TO SERVE LEGAL PAPERS IN THE UNITED KINGDOM

This article will provide guidance regarding the United Kingdom Process Service.  The Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters is the most prevalent way of serving US proceedings on defendants in the United Kingdom (Hague Service Convention). The Hague Service Convention was ratified on February 10th, 1969, by the United States and the United Kingdom.

When a United Kingdom Process Service document has to be served in a signatory nation, it must meet certain criteria to be accepted being [A.] the address of the organization or person to be served, [B.] the document’s legal or extralegal character, and [C.] the document’s civil or commercial nature. No service will be made under the Hague Service Convention if the defendant’s address is unknown. Such cases need a reference to FCPR rule 4(f)(2), which lays out the method for UK Process Service when no international treaty or similar domestic service rules apply.

A summons and complaint from the United States may be served in England and Wales under the appropriate clause which regulates the service of papers from foreign courts or tribunals in England and Wales.

THE HAGUE CONVENTION ON THE INTERNATIONAL SERVICE OF PROCESS

The Central Authority for the United Kingdom, a senior master at London’s High Court of Justice, is most often used for US proceedings to be served in England and Wales.  To begin the United Kingdom Process Service, an American official or judge must fill out and sign the Letter of Request and send it to the United Kingdom Central Authority. The Letter of Request must also include the US summons and complaint, both of which must be attached to the Letter of Request (and any translations into English that are required). It is necessary to submit a duplicate of the Letter of Request and all supporting documents. 

The Senior Master (as the UK Central Authority) will direct a judicial officer or agent to serve the summons and complaint on the UK defendant in accordance with the Letter of Request or in a manner permitted by the CPR (e.g. via a local agent). Once United Kingdom Process Service is completed, the United Kingdom Central Authority will complete the mandated ‘certificate’ in the prescribed form, 

There is no time limit specified in the Hague Service Convention, although plaintiffs should be informed that service might take many months.  Article 10 of the Hague Service Convention stipulates that parties to overseas litigation in a country that is a party to the convention may likewise be served in the United Kingdom. State of origin authorities, officials, or other competent individuals may serve court papers directly via the State of destination’s judicial officials or other competent persons if the State of destination does not object.’

Pursuant to Article 5(3) of the Convention United Kingdom will require the UK Process Service documents to be written in, or translated into, the English language. As of 1 January 1979, no charge is made for UK Process Service in normal circumstances. However, if the request is for United Kingdom Process Service by a particular method, which incurs extra costs, or in other exceptional circumstances, actual costs of service will be reclaimed. This applies only to England and Wales, Scotland, and Northern Ireland, and not to those overseas territories for whose international relations the United Kingdom is responsible

A Consular Fee must be paid to the Foreign, Commonwealth, and Development Office (FCDO) if they need to serve papers via diplomatic channels. To register,  the individual has to pay £150. 

The papers will be sent to the FCDO in London after they have been processed by FPS. It may take the FCDO up to ten business days to process said files. Afterward, the papers will be forwarded to the British Embassy or High Commission in that country. For this to happen, one needs to allocate at least two weeks of travel time. When the British Embassy or High Commission receives the papers, they will be sent to the Ministry of Foreign Affairs of the host nation, if required. 

HOW ARE PAPERS SERVED WITHIN THE UNITED KINGDOM

Letters to the defendant should be sent outlining the claim, which should include a brief statement of the facts, a request for compensation, and how that compensation is determined. Within fourteen days in an uncomplicated matter and no more than three months in a severely difficult situation, the receiver of the letter must answer the UK Process Service. Replying to a claim requires stating whether or not the claim is accepted and, if not, why, as well as stating whether or not the defendant is filing a counterclaim and giving specifics of any counterclaim.

United Kingdom Process Service documents that are pertinent to the problems at hand should be made available by both parties. As a result, courts will consider non-compliance with the Practice Direction and Pre-Action Protocols when issuing management instructions and imposing cost orders. Forms for filing claims include the names of the parties involved, UK Process Service information on the claim, and its value. The value of the claim determines the amount of the court fee. Professional users making claims in the Business and Property Courts, where most substantial business claims must be lodged, must utilize the court’s online electronic filing system. As soon as the claim form has been issued and served, both parties have four months to respond to it, or six months if the defendant is out of the jurisdiction.

Claimants also need to produce particulars of the claim, which lay out the argument and the facts relied on. Claim particulars are generally required to be either included in the claim form or served with the claim form. The defendant must serve particulars of the claim within twenty-eight days after filing an acceptance of service form expressing an intention to defend the claim if they are not served with the claim form. There must be a declaration of truth signed by the signatory of the particulars of the claim stating their belief in the document’s contents. In addition to postal and personal United Kingdom Process Service, the claim form may be served within the jurisdiction.

If the defendant has not already done so, he has fourteen days to submit an acknowledgment of service form or defense after being served with the claim’s particulars. To submit a defense, a defendant must file an acknowledgment of service form no later than twenty-eight days after the claim was served. Within fourteen days of receiving the claim’s particulars, a defense must be served if the defendant does not submit a form acknowledgment of service. After serving the claim form, the defendant has fourteen days to submit an acknowledgment of service form in the Commercial Court, and twenty-eight days to file a response. Plaintiffs may often seek judgment by default if the defendant fails to submit an acknowledgment of service form or defense within the allotted time constraints.

CROSS BORDER DISPUTES

The choice of English law as the controlling law in a contract will be respected by English courts.

However, under the Rome Convention on the Law Applicable to Contractual Obligations (1980/934/EEC) and its successor Rome I Regulation (593/2008), there are some scenarios where the choice of law may be substituted or amended. The EU’s jurisdiction regulations (Recast Brussels Regulation (1215/2012)) no longer apply in England and Wales as of January 1, 2021.  The English courts typically adhere to a contract’s stated choice of jurisdiction. This is especially true if the parties have explicitly agreed that the courts of a certain nation have exclusive jurisdiction.

Cases that are covered by the Hague Choice of Court Convention will have to see whether the defendant may be served inside or outside of the jurisdiction in order to determine if the English courts can hear them. 

This convention provides effect to exclusive choice-of-court agreements in favor of contracting states only if those nations’ laws make them null and unlawful under the Hague Choice of Court Agreement (meaning substantial invalidity on grounds such as fraud, duress, or lack of capacity. 

No matter what happens, the papers to be served will be sent by the English court to the county court bailiff in the area where the defendant’s residence is for service. The defendant will be served and documentation of service will be provided by the bailiff.

The Hague Service Convention permits the United Kingdom Process Service “directly” if the state of destination does not object to it by parties in a foreign dispute in a country that is a party to that convention. There is no objection from the UK to direct postal service (Article 10(a), Hague Convention on the International Service of Process) or direct service via the judicial officers, authorities, or other competent individuals of the United Kingdom. 

The Central or additional authorities, as well as judicial, consular, and diplomatic personnel from other Hague Service Convention nations, will only receive papers for United Kingdom Process Service via proper channels in the UK. Anyone in another Hague Service Convention contracting state interested in a court process (including their lawyer) may still be served in the UK “directly” via a “competent person” other than a judicial officer or official, according to the UK (for example, a solicitor).

The Senior Master at the Foreign Process Section performs service in accordance with the Hague Service Convention, which takes significantly longer but is considered more dependable and defendable than the techniques of direct service. The foreign court must issue a letter of request to the English court in order to get evidence from a witness in England and Wales who refuses to testify willingly. The Hague Convention of 1970 (Hague Evidence Convention). The legislation of the asking court and the Hague Evidence Convention shall regulate the process for sending a letter of request in cases before courts in Hague Evidence Convention contracting nations (for example, the United States and all EU member states save Austria, Belgium, and Ireland).

Depending on where the decision was issued, different enforcement regimes apply in the English courts when it comes to foreign judgments. There has been an increase in complexity as a result.

Many nations, including Singapore, Nigeria, Kenya, the Cayman Islands, and the British Virgin Islands as well as Malaysia and New Zealand are covered by the Administration of Justice Act 1920. There are reciprocal enforcement provisions for foreign judgments under the Foreign Judgments (Reciprocal Enforcement) Act of 1933 in nations including Australia, Canada, India, Pakistan, and the Isle of Man. Other nations, notably Israel, and European decisions from jurisdictions where the subject matter is outside the regular EU system are also covered by the previous act.

for assistance serving legal papers in the United Kingdom

Simply pick up the phone and call (212) 203-8001 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, and Connecticut.

“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. Part 6 of the English Civil Procedure Requirements 1998 contains the local service rules that must be followed whenever legal papers are served in the United Kingdom (CPR).

2. Central Authority:

The Senior Master, Royal Courts of Justice

Contact details:

Address: For the attention of the Foreign Process Section

Room E16

Royal Courts of Justice

Strand

LONDON WC2A 2LL

Telephone:0207 947 7772 (option 2).  

E-mail: foreignprocess.rcj@justice.gov.uk

General website: Ministry of Justice: https://www.gov.uk/government/organisations/ministry-of-justice

3. Alternate ways of service are available in accordance with the Hague Service Convention.  International postal routes, direct service via an agent in the target state, diplomatic or consular channels, and service under local norms are all options for delivery.

4.

5. England and Wales:

The Senior Master of the Royal Courts of Justice

Strand

London WC2A 2LL

Switchboard: +44 207 947 6000

Tel: +44 207 947 7772 (option 2)

Website: Ministry of Justice 

Scotland:

Scottish Government Justice Directorate

Central Authority & International Law Team

St. Andrew’s House (GW15)

Edinburgh EH1 3DG

Scotland, UK

E-mail: serviceofdocuments@gov.scot or Angela.Lindsay@gov.scot

Tel.: +44 131 244 4829

Northern Ireland:

The Master (Queen’s Bench and Appeals)

Royal Courts of Justice

Chichester Street

Belfast BT1 3JF

Tel: +44 28 9072 4639

Website: Department of Justice NI

Personal service on individuals and postal service on registered offices of companies. If this fails by first class post. 

England and Wales

Scotland

Northern Ireland

6. Scotland: Timeline. within 3 months

For Scotland only:

Requests for service within Scotland of documents in civil and commercial matters can be made directly to sheriff officers and messengers-at-arms (judicial officers). 

This is the preferred method of service in Scotland. The Society of Messengers-at-Arms and Sheriff Officers (smaso.org.uk)

7. To pay with a credit or debit card: the Service of Process payment line at 020 7008 4126.

8. Allow ten working days for this to happen. The Ministry of Foreign Affairs of the host nation will arrange for local service.

9. Details of a claim should include:

The claimant’s supporting evidence.

Defendant’s claim, including the causes of action he or she cites.

Specifics of any interest-related claim.

Specifics of the alleged wrongdoing.

The rest of the evidence supports the allegation.

10. Only contracts entered into before 31 December 2020 will be subject to Rome I and the Rome Convention on a reciprocal basis after Brexit, which ends on 31 December 2020. While EU law has been incorporated into UK law as retained EU law, Rome I and the Rome Convention remain in effect on a domestic level in the UK (UK Rome I).

Rome I/UK Rome I allows the choice of law to be replaced or amended in the following cases:

The parties’ decision will not affect the implementation of laws of other countries that cannot be derogated from by agreement (Article 3(3)).

11. According to CPR 6 (Section IV), “jurisdictional gateways” under CPR 6 (Section IV), it must be shown that the subject matter has a sufficient connection to the jurisdiction of England and Wales in accordance with one of the “jurisdictional gateways” (for example, it relates to a contract that was made in the jurisdiction or is governed by English law, or relates to property in the jurisdiction).

12. The judge who issued the letter of request has signed the document.  The Senior Master ordinarily makes an order without holding a hearing when an application is submitted without prior notice.  Execution of a decision obtained in another country

13. US process may be served on foreign people and organizations that do not have a physical presence in the United States under Rule 4 of the Federal Rules of Civil Procedure (FRCP).

HOW TO SERVE LEGAL PAPERS IN URUGUAY

This article will provide guidance regarding Uruguay Process Service.  Situated on the southeast coast of South America, Uruguay shares a rich cultural heritage. As the continent’s second-smallest nation, Uruguay’s political and economic prominence has long been eclipsed by its neighboring republics, Brazil and Argentina, with whom it shares a many historical similarities

The Partido Colorado has ruled Uruguay for the vast majority of its existence.  As a result, the Broad Front obtained a parliamentary majority in Uruguay’s general election in 2004, while the Broad Front’s José Mujica won the presidency in 2009. The Broad Front coalition’s fifteen-year rule in Uruguay came to an end in March 2020, when a conservative administration was elected. On the same day, the new President of Uruguay, Luis Lacalle Pou, of the center-right National Party, was sworn in.

BACKGROUND

A direct, universal, and secret vote is used to elect the President and Vice-President of the Republic, as well as the national and departmental lawmakers (known as “Diputados“), as well as the departmental executive branch (known as “Intendente Municipal“). A combined session of both chambers (the General Assembly) elects individuals to serve as “Ministers” for judicial, electoral, and administrative justice; all of whom are known as “Ministers.” In addition, it selects the members of the external control body for disbursements and payments (Court of Audit).

It is not possible to re-elect the President of the Republic more than once every five years. Most constitutional scholars agree that the President is just the Head of State, whereas the title of Chief of Government refers to the President serving in Cabinet (with his Ministers). The Executive Branch consists of the President and one or more Ministers, or the full Cabinet, depending on the subject at hand. Despite the fact that the President is free to choose his Ministers (as provided for in the Constitution), it is argued that Uruguay’s system is not entirely presidential because the President can only choose from among citizens who have been assured of their position in office by Parliamentary support Parliament has the power to criticize State Ministers.

The Chamber of Senators, the Chamber of Representatives, and the General Assembly comprise the Legislative Branch (both Houses in joint session). Proportional representation is used to elect members of this branch, as well (albeit in a weakened version). The Senate, which consists of 31 members, is presided over by the Vice-President of the Republic. Ninety-nine members are in the House of Representatives.

Even today, as a relic of the state interventionism of the first and second half of the twentieth century, the state continues to intervene in business via a variety of decentralized and independent institutions. Every department has its own non-autonomous administrative branch (executive power is the Mayor, or Governor, known as Intendente) and legislative branch. Territorial administration is decentralized and carried out through nineteen departments (Departmental Council). Thirty-one honorary councilors make up the Departmental Council, which makes laws that apply across the department’s boundaries. The departmental budget must be approved by the Council (that is, the budget proposed by the Council itself and the Executive Authority).

URUGUAY LEGAL SYSTEM

Since Uruguay was originally part of the Kingdom of the Indies, which was ruled by the King of Spain, the country’s legal system is based on the Spanish legal system. As a civil law country, Uruguay uses the judgments of jurisdictional courts (the first instance, higher, and supreme courts) as a guide but not as a binding precedent in later proceedings. 

The constitution and the legislature are the sole sources of law in Uruguay. When the law explicitly refers to custom, it is a source of law, and established opinions among experts and case law are only employed to interpret it. This pyramidal form of Uruguay’s legal system has the Constitution at its pinnacle. Legislation (including executive orders, ministerial resolutions, and Departmental Council decrees, which are de facto legislative actions within their respective departments’ jurisdictions) follows the Constitution.

Bills may come from either of three places: [A.] the people (through a public initiative), [B.]  the legislature (in either of Parliament’s two chambers), or [C.] the executive branch. Nevertheless, the Executive Branch (in its position as the head of the State’s economic policy) has the unique authority to introduce legislation on budget, public spending, tax exemptions, and minimum wage.

Bills must be passed by both Houses in every situation. When one house votes to pass a bill, it must be transmitted to the other, but if the latter fails to do so and rejects it, the bill will not be adopted and cannot be resubmitted within the current year’s session. The Bill is sent back to the first house, which, if it accepts the observations or addenda, notifies the second house and sends the Bill straight to the executive branch so that the process may continue. The opposite is true if the receiving house only has observations or addenda to include. It is possible to seek a meeting of both houses (General Assembly), which will then vote by a majority of two-thirds to approve either the original Bill or a new one if the original House refuses to accept the observations or addenda.

DISPUTE RESOLUTION IN URUGUAY

Legal disputes in Uruguay may be settled in either a judicial or extra-judicial manner unless the Uruguay Process Service law explicitly indicates otherwise. In the first case, an Uruguay Process Service request is made to the Judicial Branch; in the second, to any Uruguayan or foreign agency for conciliation and arbitration. 

In Uruguay, a mechanism for arbitration tribunals have been established by law (Articles 472 to 507 of the General Procedural Code). Without difference, international arbitration courts may be governed by Uruguayan law or any other law. For the enforcement of foreign judgments and punishments, the exequatur method is recognized by the law. It is also made possible for national judicial authorities to propose preventative remedies before an arbitral judgment is accepted.

The Executive Branch is responsible for negotiating, signing, and ratifying treaties in its role as Uruguay’s foreign policy director. A treaty is sent to the Legislative and Executive branches for approval after it has been signed. Formally (by following the same procedure as a normal law), and practically (by using the following wording in the text of the legislation which approves a treaty to signify “the treaty… is hereby authorized… signed by the Republic on…”), this is accomplished in Uruguay by way of a law. To be clear, the Legislative Branch has no power to change or modify a treaty, which is the sole legal distinction between it and other forms of legislation. Now that a final version has been authorized, this legislation must be implemented and publicized in order to have any effect on national policy (in the official Gazette). In addition, the Executive Branch is also responsible for depositing the ratification document, which is done by the Ministry of Foreign Affairs, in accordance with a treaty,

When a treaty is approved by legislation, it raises questions about the treaty’s status in the legal system since the Constitution does not explicitly or tacitly relate to it. When it comes to international treaties, doctrine differs, and jurisprudence seldom offers a view on them, and when it does, it refers to the laws that have ratified or approved them. It can be observed that Uruguay is a nation with a strong sense of division.

Jurisprudence has ignored a difficulty with treaty interpretation methods that Uruguayan internationalist thought, on the other hand, has considered. The Vienna Convention on the Law of Treaties mandates that treaties be construed in accordance with the processes provided for the interpretation of laws; on the other hand, a court might interpret a treaty in accordance with the procedures laid out for the interpretation of laws (which is also in force in Uruguay as a law). Furthermore, while a treaty’s wording is legally binding, future legislation might derogate from it (the “lex posterior derogat legi priori“), allowing it to be changed. Due to the absence of provision for the hierarchy of international treaties, this might lead to various and irreconcilable interpretations or a regulatory dispute, which could lead to international liability.

FOREIGN JUDGEMENTS IN URUGUAY

Decisions made by foreign courts in areas of civil and commercial law, family and labor law, and public administration are given imperative, evidentiary, and final effect in Uruguay, according to the General Procedural Code. Decisions made by foreign courts in criminal matters are also given imperative, evidentiary, and final effect in Uruguay. Other than the background of the case that is the subject of the proceedings relating to the decisions that were made, foreign judgments will be accepted and enforced in Uruguay, if necessary, without any review.

In order to be considered valid in the country of origin, the Uruguay Process Service ruling and any accompanying documentation must be legalized in accordance with Uruguay Process Service law, unless the ruling has been sent through diplomatic or consular channels or the appropriate administrative authorities.

Only foreign judgments that are amenable to enforcement may be enacted. The Supreme Court of Justice of Uruguay must receive an Uruguay Process Service request for enforcement. After the petition is filed, a summons is sent to the party in question, who will get a twenty-day Uruguay Process Service notice of the hearing date. Afterward, the prosecutor is heard, and a non-appealable decision is delivered. In such a case, the sentence is returned to the proper court, which will follow the required processes in light of the specific charges.

LETTERS ROGATORY IN URUGUAY

 The Oriental Republic of Uruguay is not a signatory to the Hague Service Convention. Consequently, Uruguay Process Service must be effected through alternative methods. Uruguay Process Service may be effected using formal service pursuant to the Inter-American Convention on Letters Rogatory and Additional Protocol or informal service supervised by an Uruguayan attorney.

 It is normal to request judicial help from abroad through letters in cases when there is no treaty or other arrangement in place. Foreign courts are asked to do an activity that might potentially violate the sovereignty of the nation in question via a letter rogatory sent by courts in one country to those in another. Letters rogatory may be used for Uruguay Process Service or evidence collection in foreign jurisdictions if it is permissible by Uruguay Process Service law.

It is important for parties to identify whether the nation where they want to serve process or get evidence is a signatory to any multilateral treaties on judicial aid, such as the Hague Service or Evidence Conventions, as well as the Inter-American Convention on Letters Rogatory. Under these norms, asking court aid via letters rogatory is considerably reduced in both time and burden. Parties could also check the Department of State’s country-specific judicial assistance websites to see if additional options are available, such as serving Uruguay Process Service by mail or employing a local counsel to petition the court directly for evidence collection.

Letters rogatory might take a year or more to complete. A diplomatic route is often used to send letters rogatory, which is a time-consuming method of communication. If the foreign nation allows it, a local attorney may send a copy of the request immediately to the foreign court or other authorized authorities. 

A lot of nations have their own ways of gathering evidence, and they may think the United States’ discovery procedures are too wide in their scope. Requests for documents should be as particular as possible to prevent the impression of being overbroad, which may result in the rejection of the foreign government to comply with the request.

In the letters rogatory,  it is necessary to mention those Uruguay Process Service details that may make the court more amenable to assist the request (for example, verbatim transcript, place witnesses under oath, permission for the U.S. or foreign attorney to attend or participate in proceedings if possible, etc.) This depends on the nation to which the letter is sent and the aid requested. Statutory criteria for giving aid exist in several nations.

Uruguay 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 Uruguay are parties to the Inter-American Convention on Letters Rogatory and Additional Protocol. 

for assistance serving legal papers in Uruguay

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. Artigas, Canelones, Colonia, Durazno, Flores, Florida, Lavalleja, Maldonado, Montevideo, Paysand, Ro Negro, Rivera, Rocha, Salto, San José, Soriano, Tacuarembó, Treinta y Tres are only a few of the 19 departments that make up the city of Montevideo.

2. The Uruguayan government is outlined in the country’s Constitution. National Office of official Printouts and Publications (Dirección Nacional de Impresiones y Publicaciones Oficiales) has a Spanish-language version of the document on its website (article 82 and the following).

3. It’s a five-year cycle with annual balances and necessary modifications to the national budget. For the most part, the Executive Branch takes the lead in budgetary matters, save in the circumstances of governing agencies and autonomous institutions.

4. The introductory title of the Uruguayan Civil Code (articles 1, 3, 9, and 16) establishes the sources of law.

5. As an international court of arbitration for MERCOSUR, the Uruguayan Stock Market features a Conciliation and Arbitration Center.

6. Many of the most important international agreements on international arbitration are signed by Uruguay, including the Obligatory General Arbitration Treaty, the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, the Convention on the Settlement of Investment Disputes between States, and Nationals of other States, the Inter-American Convention on International Commercial Arbitration, and the Inter-American Cooperative Agreement on Arbitration

7. the Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters

8. This second method of service may not meet Uruguayan rules for service, so if enforcement of a US judgment in Uruguay is anticipated, litigants should consider serving pursuant to the Inter-American Convention on Letters Rogatory and Additional Protocol

9. U.S. Embassy Montevideo

Lauro Muller 1776

Montevideo 11200,

Uruguay

Telephone: +(598) 1770-2000

Emergency After-Hours Telephone: 1770-2000 or +(598) 1770-2000 (from the U.S.) 

Fax: +(598) 1770-2040

MontevideoACS@state.gov

10. The U.S. Central Authority for the treaty is the U.S. Department of Justice, Civil Division, Office of Foreign Litigation, Washington, D.C.  

HOW TO SERVE LEGAL PAPERS ON THE US VIRGIN ISLANDS

This article will provide guidance regarding US Virgin Islands Process Service.  A collection of Caribbean islands and an unincorporated territory of the United States, the United States Virgin Islands are actually geographically a part of the Virgin Islands archipelago. This also includes their neighbor, the British Virgin Islands.

The major islands of St. Croix, St. John, and St. Thomas, as well as more than fifty outlying cays and islets, make up the U.S. Virgin Islands. The residents of the US Virgin Islands,  are U.S. citizens and elect a nonvoting representative to the U.S. House of Representatives, but they do not vote in U.S. national elections.

BACKGROUND

These islands, once part of Denmark-Norway and the independent Kingdom of Denmark, were sold to the United States as part of the Treaty of the Danish West Indies. Five constitutional conventions have taken place since the Virgin Islands Revised Organic Act of 1954 formed the U.S. Virgin Islands.

The majority of the economy is based on tourism and associated industries. The U.S. Virgin Islands is a United States territory that is organized and unincorporated. U.S. Virgin Islanders who live in the territory are not entitled to vote for the president of the United States, even if they were born on these islands. People born in the United States Virgin Islands are citizens of the United States because of federal law. 

Presidential primary elections in the United States Democratic and Republican Parties are open to inhabitants of the U.S. Virgin Islands. The Democratic Party of the Virgin Islands, the Independent Citizens Movement, and the Republican Party of the Virgin Islands are the three largest political parties in the US Virgin Islands. Independent candidates are also a viable option.

The U.S. Virgin Islands elect a representative to Congress for their district at large.  As a result of their election, elected delegates are eligible to vote in committee but are not allowed to vote on the floor. There is currently a Democrat delegate in the House of Representatives, Stacey Plaskett, serving in her first term. There are no US senators in the US Virgin Islands as there are in other territories. 

Each of the Virgin Islands’ three districts has a two-year term for a total of fifteen elected senators—seven each for the districts of St. Croix (the island’s capital), Saint Thomas (the second-largest city), and Saint John (the capital). They may serve an unlimited number of terms.  Since 1970, the territory of the U.S. Virgin Islands has had an elected governor every four years. 

THE LEGAL FRAMEWORK

The United States Virgin Islands has two courts: the Superior Court and Supreme Court. The United States Attorney for the District of the Virgin Islands may file federal criminal proceedings in the District Court of the Virgin Islands. As of January 29, 2007, all appeals from the Superior Court to the Supreme Court must be submitted on or after that date in order to be heard by the Supreme Court. According to the sources cited above, The Appellate Division of the District Court handled appeals filed previous to that date.) The United States Court of Appeals for the Third Circuit, situated in Philadelphia, Pennsylvania, hears appeals from federal district courts. According to the sources cited above, Superior and Supreme Court justices are appointed by the governor, while District Court judges are appointed by the president of the United States.

The 2019 US Virgin Islands Code, established by the territory’s government, and American common law are both applied by the USVI courts as of 2019. Due to the USVI’s status as an unincorporated territory, the federal district court is an Article IV tribunal, which means it is supervised and controlled by the United States Secretary of the Interior. Except for two 1914 statutes relating to customs and ship charges for St. Thomas and St. John, all Danish legislation has been abolished. 

The legislature of the Virgin Islands established a law in 2004 calling for a fifth constitutional convention, and in 2007 thirty delegates were chosen for that convention. It was on May 26, 2009, that a proposed constitution for the Virgin Islands was ratified by a legislative body. 

Within a few months, a federal case was filed in the Virgin Islands District Court. The case argued that the United States had a legal obligation to provide U.S. Virgin Islanders the right to vote in the United States presidential election and to represent them in Congress. On August 16, 2012, the lawsuit was finally dismissed. No new constitution was drafted in time to meet the October 31 deadline set by the Fifth Constitutional Convention of the United States Virgin Islands.

BRANCHES OF GOVERNMENT

Each of the US Virgin Islands has its own administrative district, with St. Croix being separated from the other two by a narrow strait of water that runs across them all. There are three unique statistical entities for each of the three major islands (which are further divided into twenty subdistricts. 

In cases where a defendant is not served U.S. Virgin Islands Process Service within ninety days of the complaint being filed, the court must either dismiss the action without prejudice against the defendant or order that U.S. Virgin Islands Process Service be performed within a certain period. However, if the plaintiff can demonstrate a good reason for the delay, the court must grant an extension of time to serve. U.S. Virgin Islands Process Service

The Superior Court of the Virgin Islands has its own regulations. US Virgin Islands Superior Court rule 27, however, states that summons and process must be served as required by Rule 4 of the Federal Rules of Civil Procedure. Plaintiffs have ninety days from the day they submit their lawsuit to serve the defendants in the USVI. 

The ninety-day time limit for U.S. Virgin Islands Process Service must generally be extended if there is sufficient reason for the court to do so before it may dismiss a complaint against a party for failure of service.

DOMESTIC PROCESS SERVICE IN THE US VIRGIN ISLANDS

Generally, courts look at certain elements when assessing whether or not someone has a reasonable belief that they should be allowed to provide U.S. Virgin Islands Process Service. These elements include untimely service; whether the plaintiff has sought an extension of time; and whether a statute of limitations bar would prevent a plaintiff’s claim if the case is dismissed.

However, “it is the responsibility of the plaintiff to prove good reason” in all cases. If sufficient reason is not shown, the court has the authority to extend the deadline for U.S. Virgin Islands Process Service. When U.S. Virgin Islands Process Service is not completed within the ninety-day window, the courts have a different method. When there is no evidence of good reason, the court might dismiss a matter or prolong the time period for U.S. Virgin Islands Process Service.

If there is no ‘good reason’ for why U.S. Virgin Islands Process Service was not performed on time, the court might still grant an extension on a casewise basis.  No benefit would accrue to the defendant in the event of dismissal if they cannot demonstrate that they were hurt by the late delivery of the U.S. Virgin Islands Process Service; in this case, the plaintiff is likely to submit a similar complaint. According to Rule 4, if a court determines that dismissing a complaint would be counterproductive and costly, it may refuse the defendant’s motion to dismiss.

The U.S. Virgin Islands Process Service of the Superior Court runs throughout the territory. Thus, service of all U.S. Virgin Islands Process Service shall be made in any part of the territory by the Virgin Islands marshal and probation officer of the Superior Court and such other persons as may be authorized by law to serve such U.S. Virgin Islands Process Service, or such other officers or persons as may be designated by the court. The persons so designated will receive in payment for their services not less than the statutory fees allowed as per U.S. Virgin Islands Process Service.

Where the law, or the Federal Rules of Civil Procedure, does not specifically require U.S. Virgin Islands Process Service to be served by an officer of the court U.S. Virgin Islands Process Service process may be directed to and served by a disinterested person named therein. The person so authorized will be sworn to the truth of the return in accordance with U.S. Virgin Islands Process Service laws. A certificate of the oath will then be endorsed upon the writ or process by the authority administering the same. When the U.S. Virgin Islands Process Service of a summons, complaint, or subpoena is made for any party by a person specially authorized to do so, fees for such service shall not be recoverable from or taxed against the opposite party in excess of the taxable fees of the Virgin Islands marshal and probation officer of the Superior Court, had such U.S. Virgin Islands Process Service been served by a marshal

HOW IS SERVICE DONE WITH THE HAGUE CONVENTION

The Hague Service Convention, a multilateral convention signed on November 15, 1965, in The Hague, Netherlands, by member nations of the Hague Conference on Private International Law, governs the service of process in civil and commercial cases in the U.S. Virgin Islands. With it, plaintiffs may now serve papers on overseas parties who are located, functioning, or headquartered with confidence and efficiency. Service of process in civil and commercial cases is covered by the convention’s rules, but criminal cases are not. Also, if the address of the person to be served is unknown, the Convention does not apply.

A signatory to the Hague Service Convention oversees U.S. Virgin Islands Process Service between participating states; the U.S. Virgin Islands are not one of such nations. Letters rogatory are used in the United States Virgin Islands as the official mode of communication. Most nations, whether or not they signed the Hague Service Convention, allow private process servers to serve U.S. Virgin Islands Process Service papers. Informal service tends to be quicker than formal care, although it might take a long time. 

The Hague Service Convention made it easier for parties to serve each other in other contracting nations by establishing a simplified method of U.S. Virgin Islands Process Service. State governments must appoint a central authority to receive U.S. Virgin Islands Process Service requests for assistance under the treaty. Requests for U.S. Virgin Islands Process Service from a court officer who can serve the process in the state of origin may go straight to the state’s centralized government agency. Requests for U.S. Virgin Islands Process Service in the receiving state are handled by the receiving state’s centralized authority, generally via a local court. The central authority provides a certificate of service to the judicial officer who requested it after the U.S. Virgin Islands Process Service has been completed.

for assistance serving legal papers in U.S VIRGIN ISLANDS

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 territory covers 133.73 square kilometers of land. Charlotte Amalie, on the island of St. Thomas, serves as the territory’s capital.

2. Information about the United States Virgin Islands’ gun restrictions may be found in the Constitution

3. It was on October 21, 1976, that President Gerald Ford signed into law the Public Law 94–584 empowering residents of the United States Virgin Islands to form their own government, which would be automatically accepted if Congress did not act within 60 days.

4. Even yet, the proposed constitution was rejected in June 2009 by Governor John de Jongh Sr. for violating federal law, failing to respect the sovereignty of the United States, and disregarding fundamental civil rights. Members of the Convention were successful in their lawsuit to compel Governor de Jongh to provide the paper to President Obama. At that time, US President Obama sent a report to Congress outlining his administration’s reservations about whether the requested powers exceeded those allowed by the country’s territorial status and restating the objections made by Governor de Jongh. After President Obama signed a resolution requesting that the Fifth Constitutional Convention reconvene in order to explore revisions to address these shortcomings, Congress expressed its disapproval of the proposed constitution.

5. An all-white and segregated US Congress of 1917 was the rationale for denying a majority nonwhite populace the opportunity to vote, it was claimed.

6. U.S. Virgin Islands Process Service must be served on time under Rule 4(m) of Civil Procedure

7. If a party is served, but it is served late, it is unreasonable to insist on strict adherence to the schedule.

8. Summonses, complaints, and subpoenas shall be served in the same manner as summonses are required to be served by Rule 4 of the Federal Rules of Civil Procedure.

9. The way services are provided is comparable to how they are in the United States, however the time it takes to complete them is longer.

HOW TO SERVE LEGAL PAPERS IN VIETNAM

This article will provide guidance regarding Vietnam Process Service.  A Marxist-Leninist one-party socialist republic, Vietnam is one of two communist states in Southeast Asia (the other being Laos). Constitutionally, the C.P.V. claims to have sway over all aspects of Vietnamese politics and society. The president is the elected head of state and military commander-in-chief, as well as the chairman of the Council of Supreme Defense and Security, and holds the second-highest office in Vietnam. They also perform executive functions and state appointments, sets policies, and serve as the second-highest official in the country. 

The CPV’s general secretary is responsible for a wide range of administrative duties, including overseeing the party’s national structure. There are, additionally, five deputy prime ministers, as well as the heads of twenty-six departments and agencies, in the Cabinet of Ministers. Elections in Vietnam are only open to CPV-affiliated or CPV-endorsed political groups. Workers’ and trade unionist parties, such as the Vietnamese Fatherland Front, are among them. 

BACKGROUND

The National Assembly serves as the legislative arm of government, and all government ministers are selected by the National Assembly’s members.  The Supreme People’s Court of Vietnam, which is presided over by a chief justice and reports to the National Assembly, is the country’s highest appeals court. The province municipal courts and other local courts sit under the Supreme People’s Court. When it comes to state security, military tribunals have the authority to rule. There are still a number of crimes for which the death sentence is being applied in Vietnam.

The National Assembly, acting on the Prime Minister’s recommendation, creates the Ministries and Ministry-equivalent entities that makeup Vietnam’s government. Because of the National Assembly’s existing capacity limitations, the Ministries have a significant impact on Vietnamese law. 

A total of sixty-one provinces and districts make up Vietnam’s administrative structure. Communes are the tiers of government underneath districts. A representative body, the People’s Council, is chosen by the local people every five years to represent them, and an administrative body called the People’s Committee is elected by the People’s Council to administer their affairs.

JUDICIAL SYSTEM IN VIETNAM

A two-tier judicial system exists in Vietnam, with lower-level courts and higher-level courts of last resort. Under rare conditions, the judgments may be revisited. The Supreme Judicial, province People’s Courts, and district People’s Courts make up the court system. At the Supreme Court and in each of the provinces, there are specialized courts. 

When the National Assembly appoints a Supreme Court Chief Justice, they have the power to reappoint them for another term. The President has the power to select and remove other Supreme Court justices, and their terms are five years. Appointments and dismissals of lower court judges are made by the Chief Justice. 

In accordance with the legislation, Vietnamese courts are free to make their own decisions.  Jury panels consisting of both judges and people’s jurors are used in the first occurrence of a case. People’s jurors at each level are chosen by the People’s Council of the same level at the advice of the Vietnam Fatherland Front and are eligible for re-election at the conclusion of their term. [xii] Having jurors chosen by the local government who aren’t trained legal experts raises concerns regarding their ability to serve and the extent to which the government has influence over proceedings in court.

The People’s Prosecutor is charged with enforcing the laws of the land and overseeing the courts. There are three tiers of prosecutors: the Supreme, Provincial, and District People’s prosecutors, all of which are based on the organization of the court.

The job of the People’s Prosecutor in criminal matters is to prosecute. Any step of the court procedure, excluding the mediation process, may be supervised and overseen by the People’s Prosecutor for non-criminal matters. For the most part, it looks at all the material and makes a proposal for consideration by the tribunal panel. 

The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, signed in 1958, lists Vietnam as a signatory. Due to a lack of faith in the competency and openness of Vietnamese courts, international investors often turn to arbitration in other countries. As a result of the restricted definition of “commercial activity” under Vietnamese law, international arbitral decisions were difficult to enforce until recently. To ensure national acceptance of international arbitration verdicts, the New York Convention exclusively applies to business disputes

In a joint circular, a decision, a directive, and a circular are all used (issued collectively by different ministries or by a ministry and a political and social organization.)The Official Gazette is where legal documents are made public.

FOREIGN JUDGEMENT STATUS IN VIETNAM

Civil judgments or rulings issued by foreign courts that are not recognized or implemented in Vietnam: When a civil judgment or decision is made by a court but has not yet been given legal force by the country’s legal system. The judgment debtors or their legal representatives were unable to attend court proceedings in other countries since they were not called.

There is no longer a time restriction for enforcing civil judgments or rulings in the nations where the courts made them or under Vietnamese law. Vietnamese law forbids the acceptance and execution of foreign court judgments or rulings in the country.

International treaties, which Vietnam has signed or acceded to, require that the petitions be supported by the papers and documents specified therein. The petitions must be accompanied by duly certified copies of foreign court judgments or decisions in cases where such international treaties do not provide for or are not available; documents certifying that such judgments or decisions have taken effect, have not expired, and should be enforced in Vietnam, except where these details have already been clearly stated in the judgments or decisions; documents certifying that the copies of the Vietnam Process Service documents are valid.  Foreign courts demand documentation proving that the judgment debtors or their legal representatives have been called in the event that they are unable to attend the proceedings.

Second, petitions in foreign languages must be accompanied by Vietnamese translations that have been validated or notarized.

HOW TO SERVE INTERNATIONAL LEGAL PAPERS IN VIETNAM

Requests for Vietnam Process Service should be made in duplicate and submitted to Vietnam’s Central Authority for the Hague Service Convention with two sets of the Vietnam Process Service papers to be served and translations. It is recommended that the individual signing the document in the United States be either an attorney or a clerk of the court. Applicant’s name, address, and signature/stamp should contain the titles “attorney at law” or “court clerk.” If the individual served is not a US citizen, the Vietnam Process Service papers must be translated into Vietnamese before they may be served. A signature is required upon receipt of the mail by the person to whom it is sent. 

When Vietnam Process Service papers are submitted through registered mail with an acknowledgment of receipt, Vietnam enables service via postal channels in line with Article 10(a) of the Hague Service Convention. Personal Vietnam Process Service is provided by a court clerk in the majority of Vietnamese courts. Such mail-in requests cannot be tracked by the Vietnamese Central Authority, either for status or authenticity.

The ways of Vietnam Process Service are unaffected by an individual’s country. However, if delivered to a non-U.S. person, the papers must be translated into Vietnamese by Vietnamese translators.

For civil and commercial matters, Vietnam is not a party to the Hague Convention on the Taking of Evidence Abroad. Vietnamese government provides that only Vietnamese judicial officials have the authority to undertake judicial actions in the country. Taking depositions in Vietnam by foreigners is a breach of Vietnam’s judicial sovereignty, according to Vietnam’s government. The letter’s rogatory procedure must be used for all requests for proof.

In order to provide a reliable and effective method of serving the Vietnam Process Service papers on parties that reside, operate, or are headquartered outside the United States, it was created. Vietnam Process Service in civil and commercial cases is covered by the convention’s rules, but criminal cases are not. If the individual to be served does not have a known address, the Convention does not apply. 

The Central Authority of Viet Nam forwards the Vietnam Process Service document to the competent authority or bailiff office. The competent authority or bailiff office will serve the Vietnam Process Service document directly to the addressee or the person who is entitled to receive the document. In some cases where direct Vietnam Process Service is impracticable, other methods may be employed in accordance with the Civil Procedure Code; Mutual Legal Assistance Law.

Vietnam Process Service by a particular method (Art. 5(1)(b)) would require the Central Authority of Viet Nam to forward the documents to the competent authority or bailiff office. The competent authority or bailiff office may execute the Vietnam Process Service to the extent that it is not contrary to Vietnamese domestic law. A competent authority or bailiff office performs this type of service. The addressee may refuse to accept it in any case.

The full translation is required for any document to be served under Article 5(1)(a)(b). The competent authority or bailiff office serves the translation to the addressee together with the original. Documents in these situations are sent to the appropriate authority or bailiff office by Viet Nam’s Central Authority (CAV). Vietnamese law permits the Vietnam Process Service to be performed as long as it does not conflict with Vietnamese domestic legislation. In this case, the bailiffs or the authorized authorities are responsible for providing this service. The recipient has the option of rejecting it at any time. 

The Hague Service Convention was implemented in Vietnam by AW 1334 / 1983. The competent Public Prosecutor, primarily the Prosecutor of the district in which the person being served is a resident, must issue an order for the serving of judicial and extrajudicial papers. In accordance with the Civil Procedure Code, Articles 122 and following, a process server is responsible for delivering papers to their intended recipients. Any Vietnam Process Service document needed to be provided under Article 5(1)(a) must have a complete translation. As part of the delivery process, a translation is included in addition to the original. 

The Hague Service Convention made it easier for parties to serve each other in other contracting nations by establishing a streamlined method of service. For each contracting state, there is a central body responsible for accepting Vietnam Process Service requests. An official of the judiciary who is qualified to serve process 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 Vietnam Process Service are handled by the recipient state’s central authority, generally via a local court, after receiving the request. The central authority delivers a certificate of service to the judicial officer who requested it after service has been completed and verified.

for assistance serving legal papers in Vietnam

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 change in the statute passed in 2002 made it such that the Chief Justice of the Supreme Court appoints judges instead of the local People’s Council. The National Assembly has taken over the decision-making process for the budgeting of local courts, which was formerly handled by the provincial departments of justice. Hopefully, this will increase the independence of the local courts from the local administration.

2. Vietnam has exclusive Vietnam Process Service jurisdiction over the matters. If the Vietnamese or foreign court has made a legally effective civil judgment or decision on the same case, which has been recognized and permitted by the Vietnamese court for enforcement in Vietnam, or if the Vietnamese court has accepted and been settling the case before it is accepted by a foreign court, then the Vietnamese court has accepted and settled the case

3. Ministry of Justice

Attn: International Law Department

60 Tran Phu street

Ba Dinh district

Ha Noi city

Viet Nam

+ 84 46273 9532

+ 84 6273 9359

haguevietnam@moj.gov.vn

4. U.S. Embassy Hanoi – Consular Annex

170 Ngoc Khanh

Ba Dinh District

Hanoi, Vietnam

Telephone: 

From outside Vietnam: +84-24-3850-5000

From the U.S.: 011-84-24-3850-5000

From landline within Hanoi: 3850-5000

From mobile or landline within Vietnam: 024-3850-5000

Emergency: 

From outside Vietnam: +84-24-3850-5000 or +84-24-3850-5105

From the U.S.: 011-84-24-3850-5000

From landline within Hanoi: 3850-5000 or 3850-5105

From mobile or landline within Vietnam: 024-3850-5000 or 024-3850-5105

Fax: (+84-24) 3850-5010

Email: acshanoi@state.gov

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Consulates

U.S. Consulate General Ho Chi Minh City

4 Le Duan, District 1

Ho Chi Minh City, Vietnam

Telephone:

From outside Vietnam: +84-28-3520-4200

From the U.S.: 011-84-28-3520-4200

From landline within Ho Chi Minh City: 3520-4200

From mobile or landline within Vietnam: 028-3520-4200

Emergency:

From outside Vietnam: +84-28-3520-4200

From the U.S.: 011-84-28-3520-4200

From landline within Ho Chi Minh City: 3520-4200

From mobile or landline within Vietnam: 028-3520-4200

Fax: (+84-8) 3520-4244

5. Foreigners, such as American lawyers, are not allowed to take depositions in Vietnam for use in a US court.

6. Formal Service (Art. 5(1)(a))

7. Time for execution of request: About 3 to 6 months.

8. Costs relating to the execution of the request for service

(Art. 12):

Charges are only incurred if documents are served by a bailiff’s office or the use of a particular method of service. In that case, the Central Authority will inform the Requesting State. All charges must be paid before the competent authority or bailiff office executes the request

9. Bilateral Agreements on mutual judicial assistance in civil and commercial matters: Slovensko-Czech and Slovakia succeed (12 October 1982); Russia (25 August 1998); People’s Republic of China (19 October 1998); Hungary (18 January 1985); Mongolia(14 July 2000), Ukraine (06 April 2000); Belarus (14 September 2000); Poland (22 March 1993); Bulgaria (03 October 1986); France (24 February 1999); Lao PDR (06 July 1998); Kazakhstan (31 August 2011); Cuba (30 November 1984), Kingdom of Cambodia (22 January 2013), Chinese Taipei (2011); North Korea.

HOW TO SERVE LEGAL PAPERS IN VENEZUELA

This article will provide guidance regarding Venezuela Process Service.  Venezuela is a federal presidential republic. The chief executive is the President of Venezuela, who also serves as the nation’s head of state. The President carries out executive duties. Legislative authority rests with the National Assembly. Legislation can be initiated by the executive branch, the legislative branch (either a committee of three members of the National Assembly), the judicial branch, the citizen branch (ombudsman, public prosecutor, and controller general), or a public petition signed by at least 0.1% of registered voters.

The voting age is eighteen, and participation is mandatory.

BACKGROUND

According to Venezuela’s 1999 constitution, a plurality vote is required to elect a president, and all Venezuelans are entitled to participate in the process. It is the president’s job to oversee the country’s overall management, safeguard its national interests, and lead its armed forces as the country’s Commander-in-Chief. Foreign policy decisions are in the hands of the president, as are emergency declarations, suspensions of constitutional rights, and calls for special sessions of the National Assembly. The presidency has a six-year term restriction; however, presidents may run for re-election an infinite number of times. This includes making nominations to the executive cabinet (the Council of Ministers or Executive Cabinet), deciding on the number of members and their positions, and appointing the vice-presidents for each of the many sectors. Presidential impeachment is susceptible to recall (revocatorio) at the conclusion of a president’s term like other elected authorities.

As leaders of government agencies, ministers serve in a cabinet (Consejo de Ministros). A difference between statutory ministries (a certain number of ministries needed by law) and ministries of state has existed in Venezuela for some time (ad-hoc, temporary in nature).  The cabinet is presently governed by Decree No. 2.378 of July 13, 2016. There are five sectorial vice-presidencies (Vicepresidencias Sectoriales) in the new decree, which increases the number of ministries from twenty-seven to thirty-one (the previous decree had 27 ministries

The bicameral Congress (which included a Senate) was replaced by a 162-member unicameral National Assembly under the new constitution. The Chamber of Deputies, which is presided over by one of its members, becomes the new legislative body. Since the First Amendment to the Constitution of the Bolivarian Republic of Venezuela (2009) eliminated the restriction on the number of re-elections, deputies serve five-year terms and may be re-elected for an endless number of successive terms. Direct, universal, and secret voting is used to elect legislators using a mix of party lists and single-member districts. Venezuelan indigenous peoples have three seats allotted for them.

As of the most recent election, the National Assembly now has a total of two hundred and seventy-seven members. In spite of the fact that demographic fluctuations necessitate some variance in the number of National Assembly members, the most recent rise was politically driven. Each district in the nation elects its representatives in a proportionate manner to its population for the purposes of elections. Proportional representation is used to elect the representatives of each state.

 It is possible for the national executive, legislative, and judicial powers to work together to bring about legislation, as long as there are at least three National Assembly members who are willing to take part. 

At least two debates are required before the Assembly votes and adopt the legislation, following which the president has ten days to approve it, make changes to it, or ask for a review of its contents. To override President a request for a National Assembly vote to revisit a law, a majority of the National Assembly must approve it. The measure will become law if this happens. Only when the president’s objection is founded on an allegation of unconstitutionality does the Supreme Court have fifteen days to issue a decision. The statute takes effect if the court does not rule or if it rejects the president’s accusation.

VENEZUELA JUDICIAL SYSTEM

Typical of civil law regimes, the Venezuelan standards are arranged in a hierarchical order. The constitution is the most important collection of rules. There are many hierarchical tiers of legislation passed by the Assembly under this system. Ordinary actions or ordinary laws are the majority of legislation (leyes ordinarias). The Assembly, in its main role as a legislator, is the source of these common laws, which are in the strictest sense of the term. Other than those that will be dealt with by other types of legislation, they deal with everything. Only a simple majority and presidential approval are necessary for approval. All decretos with the rank and authority of a law (decreto con fuerza de ley or D.F.L.) and delegated laws to have the same status as enabling laws (leyes habilitantes). Organic acts or charters or organic laws (leyes orgánicas) are at a higher level. Special consideration should be given to the last two types of legislation.

A two-thirds majority of the National Assembly must approve any measure for the adoption or change of organic legislation, and it must be sent to the Supreme Tribunal of Justice’s Constitutional Chamber for a judgment on its legality before it may become law.

One of Venezuela’s most important courts, the Supreme Tribunal of Justice (Tribunal Supremo de Justicia), is located in Caracas. One twelve-year term is allotted to the thirty-two magistrates chosen by the National Assembly. It is the Committee for Judicial Postulations, which talks with organizations that deal with legal matters as well as organs of civil authority, that makes the appointment recommendations.

Both plenary and specialized chambers are available to the Supreme Tribunal, which is the last court of appeal. In all, there are six different chambers or divisions in the court system: constitutional, administrative, electoral, civil, criminal, and social (primarily agricultural and labor) problems appeals. Laws and regulations that disagree with the constitution may be overturned by the Supreme Tribunal, which is given the authority to do so. Additionally, it considers cases involving diplomats and high-ranking government officials, as well as certain civil lawsuits brought by the state against private citizens.

COURT SYSTEM IN VENEZUELA

District and municipal courts, as well as trial and appellate courts, are part of the lower court system, which handles civil and criminal cases. Accordingly, courts in these countries (to some degree) are organized hierarchically and are competent based on the amount of money involved in the case or the seriousness of the case. Courts of the first instance (tribunales de primera instancia) and superior or appeal courts (tribunales de primera instancia) deal with civil and commercial disputes, respectively (tribunales superiores). Most of the time, a matter may only be heard in one or two courts before it may be appealed.

In addition to the prosecutor general, who advises the courts on criminal cases and raises issues of public employee misconduct and constitutional rights violations, the Ministry of Justice and Internal Affairs (Ministerio de Justice y Interior) is responsible for overseeing the prison system and the Bolivarian Intelligence Service (Servicio Bolivariano de Inteligencia Nacional).

The Ministerio Publico (public prosecutor’s office) is a self-governing, top-down structure. It does not fall within the purview of either the executive or judicial branches. In order to better fulfill its duties as a defender of constitutional freedoms, democratic ideals, the public good, and the rule of law in general, the 1999 constitution gave it more autonomy. For seven years, the National Assembly appoints the prosecutor general (Fiscal General), who is entrusted with pursuing crimes and protecting the people’s interests in those situations when no party initiative is necessary to initiate or maintain such prosecution. To hold accountable public officials who have incurred civil, labor, military, criminal, administrative, or disciplinary responsibility in the execution of their official responsibilities, the prosecutor general also files any relevant action.

Each of these organizations has a particular duty to perform, but together they form the “Republican Moral Council,” which reports to the National Assembly on its operations and serves as a teaching tool for the protection of civic virtues and democratic ideals

CROSS BORDER SERVICE IN VENEZUELA

Legal proceedings need Venezuela Process Service, but cross-border cases necessitate expensive and time-consuming service. A common framework for the transmission of judicial or extrajudicial papers to be served overseas is established by the Service Convention in order to simplify this procedure.

A central transmission channel is established between the Contracting Parties, although there is still the option to utilize other channels. There are no substantive provisions pertaining to the actual Venezuela Process Service addressed or included in the Convention, which focuses on document transfer. As a result of the Convention, there are two methods for transmitting documents that involve Venezuela Process Service: direct diplomatic or consular channels and the postal system. All other transmission routes covered by the Convention need an extra step to complete service to the final addressee that is not controlled by the Convention.

SERVICE OF LEGAL PAPERS ACCORDING TO THE HAGUE CONVENTION

On October 29, 1993, the Bolivarian Republic of Venezuela accepted the Convention of 15 November 1065 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, popularly known as the Hague Service Convention, and its provisions came into effect on July 1, 1994.

To serve a document in accordance with the Convention, the address of the person to be served must be known, and the Venezuela Process Service document must pertain to a civil or commercial issue, as defined by the Convention (Art. 1). Conventional indicates that if certain Venezuela Process Service conditions are satisfied, the Convention’s transmission channels must be used. It is vital to keep in mind that the legislation of the forum will decide whether or not transmission to another Contracting Party is required.

The Central Authority of the Contracting Party where Venezuela Process Service is to be performed receives a request for service from a competent authority or judicial officer in one Contracting Party through the Convention’s primary route of transmission (Art. 5). The request must adhere to the Convention’s Model Form. Venezuela Process Service of a document must be carried out by a competent official in accordance with local legislation of the requesting Contracting Party. There are exceptions to this rule, such as when an application (i.e., the forwarding authority in the desired Contracting Party) requests a specific method or Venezuela Process Service procedure, as long as it does not conflict with that country’s legislation and does not violate international law. If Venezuela Process Service was not completed, an explanation for why is required to be included in the certificate that is appended to the Convention.

This freedom to use alternative channels for Venezuela Process Service is protected by the Convention in Articles 8 and 9, as well as Article 10(a) of the Protocol, which allows Contracting Parties to use diplomatic or consular channels, postal channels, direct communication between judicial officers, officials, or other competent persons, or direct communication between an interested party and one of these individuals.

All Contracting Parties to the Convention are required to have a Central Authority in place. It is the primary responsibility of a Central Authority to accept and requests for Venezuela Process Service of papers. Additional authorities may be designated by the Contracting Parties, and the scope of their competence may be determined by the Contracting Parties. The Venezuela Process Service standards of the receiving nation must be respected regardless of the requirements of the forum; otherwise, execution of a decision may become difficult. As a condition of Venezuela’s participation in the accord, all papers must be translated into Spanish. The Central Authority will not accept materials that have not been translated.

The defendant must also be able to comprehend what he or she has been given in order to be afforded due process. Requests should be completed in duplicate and sent directly to Venezuela’s Central Authority for the Hague Service Convention together with two copies of the papers to be served and translations. The person who executes the request form in the United States must be either an attorney or a clerk of court. The applicant must include the title attorney or court clerk in the identification and address areas, as well as in the signature/stamp section. Venezuela has expressly protested to postal service under Article 10 and does not enable postal service.

Also party to the Inter-American Convention on Letters Rogatory and Additional Protocol are the United States and Venezuela. The United States has treaty relations exclusively with nations that are parties to both the Convention and the Additional Protocol on Service of Process. No formal letters or rogatory are necessary for the classic sense.

The Ministry of Popular Power for Foreign Affairs is the Venezuelan authority authorized to accept letters requesting the collection of evidence under the Hague Convention on the Taking of Evidence. Once the service has been performed, the documents are sent back to the Central Authority of the requesting State by Diplomatic Channels. According to Venezuelan law, all documents sent to the courts must be translated into Spanish.

Request Letters and supporting documentation must be produced in triplicate and translated into Spanish. These requests must be conveyed by the seeking court or individual in the United States to the Venezuelan Central Authority; diplomatic procedures are not required.

Venezuela objected to the rules of Chapter II of the Hague Evidence Convention concerning the voluntary deposition of witnesses by commissioners, including private lawyers and consular personnel. Therefore, depositions of willing witnesses in Venezuela must be conducted in accordance with a request to the Venezuelan Central Authority and inside the Venezuelan judicial system.

for assistance serving legal papers in Venezuela

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. U.S. Embassy, Venezuela

Calle 24 Bis No. 48-50

Bogotá, D.C. Colombia

Telephone: +(57)(1) 275-2000

Emergency: +(57)(1) 275-2000

Fax: No fax

Email: ACSBogota@state.gov

2. Central Authority:

Ministerio del Poder Popular Para Relaciones Exteriores

(Ministry of Popular Power for Foreign Affairs)

Contact details:

Address: Ministerio del Poder Popular para Relaciones Exteriores

Dirección del Servicio Consular Extranjero

Oficina de Relaciones Consulares

(Ministry of People’s Power of Foreign Affairs

Directorate of the Foreign Consular Service

Office of Consular Affairs)

Edificio Anexo a la Torre MRE, piso 1

Avenida Urdaneta – Esquina Carmelitas a Puente LLaguno

Caracas 1010

Venezuela

Telephone: +58 (0) 212-8064449/8020000

Ext. 6701-6704-6707-6708-6709- 6713.

Fax:  

E-mail: relaciones.consulares@mppre.gob.ve

exhortos.rogatorias@mppre.gob.ve

General website: http://www.mppre.gob.ve/Contact person:

Marco Antonio Magallanes Grillet

Director General de la Oficina de Relaciones Consulares

Director- General of the Office of Consular Affairs

Telephone: +58 (212) 8064449 / 802-8000 Ext. 6701-6713

Email: marco.magallanes70@mppre.gob.ve

Eudys Javier Almeida Gaona

Director del Servicio Consular Extranjero

(Director of Foreign Consular Service)

Telephone: +58 (212) 8064449 / 802-8000 Ext. 6713

E-mail: eudys.almeida97@mppre.gob.ve

3. Art. 10(a):

The Bolivarian Republic of Venezuela does not agree to the transmission of documents through postal channels.

 Art. 15(2):

4. The Bolivarian Republic of Venezuela declares that “Venezuelan judges shall be empowered to decide when the conditions contained in sections (a), (b) and (c) of this Article are fulfilled, even though they have not received any communications evidencing either the notice or transfer or delivery of the document.

5. The Article 188(2) CPC states the following: “ The service abroad will be addressed by diplomatic or consular via and the others by the ordinary channel, without legalization.”

6. Art. 16(3):

The Bolivarian Republic of Venezuela declares that the request allowed by the third paragraph of this Article shall not be admissible if it is made after the expiration of the period specified in Venezuelan law.

7. Art. 8(2):

The Bolivarian Republic of Venezuela opposes the exercise of the authority established in the first paragraph of this Article within its territory in relation to other persons who are not nationals of the State of origin. With respect to the second paragraph, Venezuela did not make any declaration or reservation.

 

HOW TO SERVE LEGAL PAPERS IN TURKEY

This article will provide guidance regarding Turkey’s Process Service.  As a constitutional republic and a presidential representative democracy, Turkey has a pluriform multi-party system. As a result of a vote in 1982, the present constitution outlines the form of government, as well as the principles and standards by which the state should conduct itself. Aside from that, the constitution outlines the people’s rights and responsibilities and establishes guidelines for delegating and exercising Turkey’s sovereignty. 

There are three tiers of government in Turkey’s unitary system: [A.] the national, [B.] the provincial, and [C.] the municipal. Executive and legislative representatives chosen by district residents are commonplace in local governments, which divide their tasks between city governments and districts. For administrative reasons, Turkey is split into eighty-one provinces. 

HOW ARE DISPUTES SETTLED IN TURKEY

Litigation is the primary means through which big business disputes are settled in Turkey. On the basis of civil litigation, each party prepares its own case. Every allegation, defense, and piece of Turkey Process Service evidence presented to the court must be heard by the judge. However, the judge has the authority to make a legal determination on their own. The court has exclusive authority over the conduct of Turkey Process Service.

Recent years have seen an increase in the use of alternative dispute resolution procedures (ADR). ISTAC’s establishment has resulted in a significant rise in the number of conflicts being resolved via arbitration. First, mediation has been required for conflicts involving labor law, then for those involving business money claims, and ultimately for those involving consumer law problems. 

In the Turkish legal system, internet dispute resolution is not available. Since 2001, however, the National Judiciary Informatics System (UYAP) has played a critical role in courtroom procedure. The UYAP makes it possible for judicial bodies, administrative entities, and litigants to electronically record case materials. 

COURT SYSTEM IN TURKEY

The commercial courts are often consulted in the resolution of major business issues. A three-judge panel is common in business courts. Large business disputes are handled by a three-judge panel, whereas smaller issues are handled by a single judge.

Cases involving enforcement procedures are also dealt with by the enforcement courts. The Code of Civil Procedure (CPC) created a three-tier appellate court structure, comprising [A.]courts of the first instance. [B.] courts of appeal in different regions of the country, and [C.] the Court of Cassation, the highest court in the land.

There were regional appellate courts in a number of locations, including Istanbul, Ankara, Izmir, and Antalya. They began operating on July 20, 2016. 2018 was the first year that obligatory pre-action mediation was implemented for labor disputes, which was followed by commercial monetary claims and consumer law-related issues in later years. The case will be dismissed if the parties do not seek mediation prior to filing the lawsuit in these sorts of cases.

PRE-TRIAL ACTION

For business disputes involving TRY500,000 or more, the written Turkey Process Service is the primary technique to be employed. For example, a claim, answer, rebuttal, and rejoinder may be submitted by the parties under this Turkey Process Service method.

Conflicts of less than TRY500,000 and for some sorts of disputes (labor disputes; petitions for temporary remedies such as preliminary injunction, provisional attachment; consumer disputes,) the parties need only submit a claim and answer petitions, and no further petition exchanges are permitted. These are expedited Turkey Process Service methods for a claim. 

During the major Turkey Process Service stages, there is no set time restriction. However, certain procedural acts, such as replying to petitions, have time constraints (which must be done within two weeks). Within two weeks of receiving an expert report, parties may object to it or appeal a final judgment.

When a party files a lawsuit in court, it is called a ‘claim petition’ by the court system. In Turkey, one may use the UYAP to submit a lawsuit online. The claim petition is considered filed in the court file on the day on which the case is regarded to have started in the courtroom. Among other things, Turkey Process Service must include: [A.]  the name of the court that has jurisdiction over the case; [B.] parties’ names and addresses; [C.] the claimant’s Turkish ID number and the claimant’s non-Turkish passport number; [D.] information about the lawyers, if applicable; [E.] complaint and amount of money sought. [F.] brief summary of the facts and [G.] notes on the evidence if any is provided.

The court will issue the opening minutes and serve the petition to the defendant after the claim petition is filed. The defendant has two weeks from the date of Turkey Process Service to file a response petition with the court. Up to one month underwritten process and two weeks under the streamlined method might be requested by the defendant.

It is essential that the response petition have all of the same Turkey Process Service features as the original claim petition. There must be a response petition if the defendant has any preliminary objections (such as an objection to the court’s competence).

ENFORCEMENT OF A LOCAL JUDGEMENT

By submitting an application to the local execution office, the claimant may enforce a local decision. The defendant has seven days after receiving Turkey Process Service of the payment order to comply with the enforcement order. Otherwise, the claimant has the option of requesting the attachment of any assets the defendant may possess.

For conflicts including a foreign element, the parties have the option of selecting a controlling law. As a result, transactions involving real estate or the use of real estate are controlled by local law. In cases where the application of foreign law is openly incompatible with Turkish public order or if Turkish law is immediately applicable regardless of the choice of law, Turkish law may be implemented (partly or totally).

Turkey’s International Private and Civil Procedure Code place emphasis on the choice of law made by the parties. Hence the same norm applies if the parties choose Turkish law as the legal framework for their case. When the parties to a contract agree on the controlling law, the law does not need the application of another law since it is more closely related to the issue.

The Turkish courts generally adhere to a contract’s choice of law, as long as it is consistent with Turkish law. However, the court might interpret the Turkish public order liberally and use Turkish law instead of the law selected by the parties in specific instances.

ENFORCEMENT OF FOREIGN JUDGEMENTS IN TURKEY

For contractual disputes, contracting parties are free to choose the Turkey Process Service jurisdiction in which to litigate, provided that the subject matter falls within the jurisdiction of Turkish courts (such as disputes relating to employment, insurance, and consumer contracts). If the foreign court is found to be incompetent or if the parties fail to assert Turkish court jurisdiction, the matter will be heard by Turkish courts.

If the jurisdiction provision in the contract is ambiguous, the Turkish courts will normally hear the matter in Turkey. The Convention on Civil Procedure 1954 (Hague Convention) and the Convention on Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters 1965 (HCCH Convention) are both signed by Turkey. It is thus possible to serve an international procedure in Turkey using these Conventions.

Turkey Process Service is governed by bilateral agreements between Turkey and the foreign nation in issue if one has been reached. The Hague Civil Procedure Convention and the HCCH Convention on the Taking of Evidence Abroad in Civil and Commercial Matters of 1970 both recognize Turkey as a party. It is thus necessary to adhere to the norms of these conventions when gathering evidence from a witness in Turkey for use in another jurisdiction.

If Turkey and the other nation have reached a bilateral agreement, the conditions of that agreement will govern. To determine if reciprocity exists, the Turkish courts will look at whether or not the other country agreed to these Conventions or has otherwise ratified them. The norms of international legal aid regulate the method for collecting evidence if reciprocity is established.

To enforce a foreign decision in local courts,  Turkey and the nation where the foreign decision was delivered must have contractual or de facto reciprocity on the execution of foreign judgments.

An international court will only enforce a judgment that is final, binding, and enforceable within the host country’s laws. Turkey’s courts have exclusive jurisdiction over matters that fall outside of the scope of this judgment. Additionally, a major requirement is that the Turkish public order must not be violated by this judgment. 

In addition, Turkish courts may enforce judgments from numerous countries, including Germany, the United Kingdom, and the United States, on the basis of the reciprocity principle. As the laws and practices of each US state vary, the ability to execute a US decision relies on the nature of the dispute and where it was issued.

Turkey is a party to the Hague Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil and Commercial Matters.  Requests should be completed in duplicate and submitted with two sets of the documents to be served and translations directly to Turkey’s Central Authority for the Hague Service Convention.  The person in the United States executing the request form should be either an attorney or clerk of court.  The Turkey Process Service applicant should include the title attorney at law or clerk of court on the identity and address of the applicant and signature/stamp fields.  Turkey formally objected to Turkey Process Service under Article 10 and does not permit service via postal channels

Turkey is also a party to the Hague Convention on the Taking of Evidence Abroad in Civil and Commercial Matters.  The Central Authority for Turkey for the Hague Evidence Convention designated to receive letters of request for the compulsion is the Ministry of Justice.  Requests for compulsion of evidence under the Hague Evidence Convention are transmitted directly from the requesting court or person in the United States to the Turkish Central Authority and do not require transmittal via diplomatic channels.  Requests must also be submitted in duplicate with Turkish translations.  

If the documents and their attachments which are requested for service under Article 5 of the Convention are prepared in Turkish or that a translation in Turkish be attached with the original documents, The  Chief Public Prosecutor’s Office performs the Turkey Process Service via post offices in accordance with their domestic law.  On the other hand, the documents transmitted without its translation are served in accordance with Article 5 (2) of the Convention. In such a case, the addressee may refuse to accept the documents by reason of not having the translated documents, so in this form of Turkey Process Service, the performance of the service is up to the Addressee’s will. No fee is charged for Turkey Process Service.

Voluntary depositions of U.S. citizen witnesses may be conducted in Turkey, provided no compulsion is used. Voluntary depositions of Turkish and third-country nationals require prior permission from the Turkish Central Authority for the Hague Evidence Convention. Oral depositions or depositions on written questions may be taken on notice by U.S. consular officers or by private attorneys from the United States or Turkey at the U.S. Embassy, one of the U.S. Consulates, or at another location such as a hotel or office. 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 or consulate directly.

for assistance serving legal papers in turkey

Simply pick up the phone and call (212) 203-8001 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, and Connecticut.

“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 973 districts in all, separated into provinces.

2. Hearings may also be conducted remotely using a video and audio platform at the request of one of the parties or ex officio. As of 15 September 2020, this practice had been implemented in several cities and courts, and at the time of this writing, the number of courts with remote hearing equipment had reached 535.

3. Decisions made before 20 July 2016 will continue to be subject to the previous two-tier system until they are fully implemented. 2

4. The following is a breakdown of the key phases of civil litigation:

  1. Petitions are being exchanged.
  2. Preliminary hearings have begun.
  3. Phase of investigation.
  4. Disciplinary hearings.
  5. Decision.
  6. Attract (if required).

5. Article 24 of the International Private and Civil Procedure Code states that if there is no choice of law, the contract shall be governed by the law that has the closest link to the agreement. When a contract is entered into as the consequence of commercial or professional activity and is governed by a particular state’s law, that state’s law will be seen to have a closer link to it than a state’s law that isn’t involved in those activities. However, if there is a tighter link between the contract and another law, that law will take precedence.

6. Turkey has signed bilateral treaties with countries such as Albania, Algeria, Austria, Bosnia and Herzegovina, Bulgaria, China, Croatia, Egypt, Iran, Iraq, Italy, Kazakhstan, Kuwait, Kyrgyzstan, Lithuania, Macedonia, Moldova, Mongolia, Oman, Poland, Republic of Turkish Northern Cyprus, Romania, Slovakia, Tajikistan, Tunisia, Turkmenistan, Ukraine, and Uzbekistan to enforce foreign court judgments.

7.U.S. Embassy Ankara

110 Atatürk Blvd.

Kavaklidere, 06100 Ankara

Turkey

Telephone: +(90) (312) 455-5555

Emergency After-Hours Telephone: +(90) (312) 455-5555

Fax: +(90) (312) 466-5684

Contact American Citizen Services Ankara

Consulates

U.S. Consulate General Istanbul

Istinye Mahallesi, Üç Şehitler Sokak No.2

Istinye 34460 – Istanbul, Turkey

Telephone: +(90) (212) 335-9000

Emergency After-Hours Telephone: +(90) (212) 335-9000

Fax: +(90) (212) 335-9102

Contact American Citizen Services Istanbul

U.S. Consulate Adana

Girne Bulvari No. 212,

Güzelevler Mahallesi, Yüregir

Adana, Turkey

Telephone: +(90) (322) 455-4100

Emergency After-Hours Telephone: +(90) (322) 455-4100

Fax: +(90)(322) 455-4141

Contact American Citizen Services Adana

U.S. Consular Agent – Izmir

Emergency After-Hours Telephone: +(90) (312) 455-5555

Izmir@state.gov

8. In such a case, documents may also be served against the addressee’s will, so this method is generally not allowed.

9. Requests from Turkey to Obtain Evidence in the United States:  The U.S. Central Authority for the Hague Evidence Convention is the Office of International Judicial Assistance, Civil Division, Department of Justice, 1100 L St., N.W., Room 11006, Washington, D.C. 20530.

10. Directorate General for Foreign Relations and EU Affairs

Ministry of Justice

Adalet Bakanlığı Ek Binası

Namık Kemal Mah. Milli Müdafaa Caddesi No:22

Kızılay Çankaya / ANKARA

Telephone:+90 (312) 414 80 51

Fax:+90 (312) 219 45 23

E-mail: diabgm@adalet.gov.tr

General website: http://diabgm.adalet.gov.tr

Languages spoken by staff:Turkish, English

HOW TO SERVE LEGAL PAPERS IN SWITZERLAND

This article will provide guidance regarding Switzerland Process Service. The Swiss Confederation, as the nation is formally known, is a landlocked country in western, central, and southern Europe. The twenty-six cantons that makeup Switzerland’s federal republic are governed by Bern’s federal authorities, the capital city of the federal republic.

The Swiss political system is characterized by direct democracy and federalism. Switzerland has three levels of legal jurisdiction: [A.] municipal, [B.] cantonal, and [C.] federal. Switzerland’s constitutions of 1848 and 1999 specify a kind of direct democracy (sometimes called half-direct or representative direct democracy because it is aided by the more commonplace institutions of representative democracy). The federal system’s ‘people rights‘ include the ability to launch a federal initiative and a referendum, both of which have the power to reverse decisions made by parliament. 

A group of individuals may oppose a bill enacted by parliament by calling a federal referendum if they obtain fifty thousand signatures within a hundred days. If this is the case, a nationwide vote will be held in which the legislation will be approved or rejected by a simple majority of people. A constitutional referendum on federal legislation may also be held by any eight of the cantons.

METHODS OF DISPUTE RESOLUTION IN SWITZERLAND

For big business conflicts in Switzerland, the courts or arbitration are the most common methods of resolution. Commercial courts (Handelsgericht) in Zurich, Berne, St. Gallen, and Aargau have longstanding reputations for efficiency, expertise, and high settlement rates.

The character of most legal processes in Switzerland is adversarial. It is the court’s job to keep track of the Switzerland Process Service chronology and the collection of evidence. Generally speaking, a claimant’s claim will be successful if they can persuade the court that they are entitled to the Switzerland Process Service benefits claimed.

A copy of the statement of claim is sent to the defendant, and the claimant is generally ordered to pay court expenses in advance. The defendant has twenty days from the date of payment to prepare a statement of defense. It is possible to extend Switzerland Process Service filing deadlines twice for additional periods of twenty days, depending on the intricacy of the case. The court may sometimes impose a single, lengthy deadline that cannot be extended.

The courts’ need for hard copy Switzerland Process Service records necessitates the exchange of paper documents rather than electronic files in the succeeding stages of litigation. It is the right of a claimant to respond to a defense statement. The manner in which the court plans to continue with the issue dictates the timing of the response and the manner in which it is presented. The court, if it considers them necessary, may ensure that the response and rejoinder must be sent in writing. An oral response and rejoinder should be scheduled for a preparation hearing. The main hearing will begin immediately, with the parties filing their written responses and rejoinders.

New facts and evidence may be brought up by the parties in their replies and rejoinders to each other. Every other party’s Switzerland Process Service submission must be communicated to the parties by the court. Any unsolicited Switzerland Process Service submissions must be responded to within ten days, according to the European Court of Human Rights doctrine.

If a second exchange of Switzerland Process Service briefs or a preliminary hearing with oral reply and rejoinder preceded the main hearing, alleging new facts and admitting further Switzerland Process Service evidence at the main hearing is only authorized under extremely narrow circumstances. Swiss courts may not be able to require a claimant to obtain Switzerland Process Service expenses because of international treaties. According to the Lugano Convention on jurisdiction and execution of judgments in civil and commercial proceedings 2007, if the claimant has neither Swiss residence nor registered office, the court cannot require security for the defendant’s expenses.

The cantonal high court hears appeals from first instance court orders. Removing or amending an existing order is an option available to defendants. The Federal Tribunal may hear an appeal from a high court ruling if either: the appellant will suffer irreparable injury if the appeal is denied or the appeal is approved. The Federal Tribunal’s ruling might lead to a definitive conclusion quickly, bypassing expensive and time-consuming evidentiary hearings.

DOMESTIC PROCESS SERVICE REQUIREMENTS IN SWITZERLAND

There must be evidence presented by the applicant in the primary enforcement procedures (Rechtsöffnungsverfahren) to support the Switzerland Process Service claim’s title validity. The only defenses raised by the debtor are that the claim has been dismissed, delayed, or otherwise expired.

It is possible that the Swiss court handling the request for attachment will also rule on the enforceability of the foreign judgment in the same procedure if the Switzerland Process Service request is based on a decision from a Lugano Convention signatory state’s competent court. 

According to the Code of Civil Procedure, judgments for particular performance may be executed by filing a Switzerland Process Service request with the enforcement court in the individual’s place of residence (for natural people) or at the location of registered office (for legal persons). Requests for enforcement may be made in the jurisdiction where the measures are to be implemented or where the initial decision was delivered.

The claimant must provide proof that their claim is enforceable before Switzerland Process Service may be pursued. If the required party refuses to comply, the court issues an order requiring them to do so or faces penalties, including a fine. The asking party may also get the judge’s permission to hire a third party to take over the performance. If the defendant continues to refuse to enforce the claim, the claimant has the right to convert their demand for a particular performance into a claim for damages.

ENFORCEMENT OF FOREIGN JUDGEMENTS

Statutes have priority over international agreements. As far as jurisdictional agreements go, the Lugano Convention is the most significant In order to comply with international treaties regulating the international civil process, a foreign party must employ the methods of judicial aid when serving foreign procedural notifications on parties in Switzerland. Two important multilateral agreements have Switzerland as a signatory: [A.] Civil Procedure Convention of the Hague, 1954 (Hague Civil Procedure Convention) and [B.] Civil and commercial matters 1965 Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents (Hague Service Convention).

It is permitted by a number of Switzerland Process Service bilateral agreements to communicate directly with each other’s judiciaries. Switzerland automatically implements the Hague Civil Procedure Convention to any foreign petitions it receives if there is no international agreement.

As part of the Hague Convention on Civil Procedure, parties must utilize consular channels to deliver the papers they need to be served to the consular representative in Switzerland, which subsequently goes to the Swiss Federal Office of Justice to serve the party in Switzerland. 

According to the Hague Service Convention, parties must ask their local authorities to send Switzerland Process Service requests to the central authority in Switzerland in accordance with a sample request. Central authorities in each canton serve Switzerland Process Service on residents in their respective jurisdictions. The central authority contacts the appropriate court, and Switzerland Process Service papers are subsequently served through certified mail by the court’s staff. If the legislation in the nation where Switzerland Process Service is requested authorizes attorneys to serve papers, these individuals are recognized as judicial officials and may also go straight to the central authority. Foreign Switzerland Process Service requests are routed via the Federal Office of Justice, which is classified as a central authority since it is difficult for requesting states to determine which of the twenty-six central cantonal bodies has jurisdiction.

Foreign diplomats and consular officials are prohibited from serving legal Switzerland Process Service documents directly on Swiss soil; hence all legal documents must be served by a third party authorized to do so by Swiss law. It is permitted by a number of bilateral agreements to communicate directly with each other’s judiciaries. The Hague Conventions are supplemented by bilateral agreements. Switzerland applies the Hague Civil Procedure Convention to foreign petitions in the absence of an international agreement.

Evidence is then collected at the witness’s place of residence by the appropriate cantonal authorities. Under the Hague Convention on Civil Procedure, the diplomatic mission in Switzerland must receive the Switzerland Process Service request from the state’s responsible authorities. Thereinafter, the  Swiss Federal Office of Justice receives the request from the requesting state’s diplomatic representation in Switzerland. To obtain testimony, the Federal Office of Justice of Switzerland notifies the cantonal court authority in the witness’s home canton of the request.

Regarding requests for pre-trial discovery of materials known to common law nations under the Hague Evidence Convention, Switzerland expressed a reservation. Requests for information that is not relevant to the case or an effort to find evidence to support a claim (referred to as ‘fishing expeditions’) are refused. Diplomatic personnel, consular agents, and commissioners are prohibited from taking testimony in Switzerland. This is only feasible if the federal government gives its permission.

As long as the ruling was handed down by a Lugano Convention signatory state court, an enforcement application must be submitted to the Swiss court that has Switzerland Process Service jurisdiction, as well as a certified copy of the ruling that meets all of the elements required to show its legitimacy. At the appeals stage, a hearing is only granted to the person or entity against whom enforcement is being sought.

The enforcing party must file with the relevant court if the verdict was given by a court from a non-Lugano Convention party.

A party’s request for protective measures might be granted by a court without the opposing party’s knowledge. Denying recognition will only be done if it is in conflict with Swiss law or the foreign procedure did not comply with procedural safeguards that were deemed essential in Switzerland.

IMPORTANCE OF ALTERNATIVE DISPUTE RESOLUTION IN SWITZERLAND

Disputes involving billions of dollars are generally settled in court or arbitration. As for alternative dispute resolution methods, mediation appears to be growing in popularity, as evidenced by the rise in the number of organizations providing mediation services and training, as well as by the adoption in 2019 of the Swiss Rules on Commercial Mediation by the Swiss Chambers of Commerce and Industry.

International business conflicts are more likely to use arbitration (as opposed to other types of ADR) than domestic ones. 

THE HAGUE CONVENTION ON SERVICE IN SWITZERLAND

In Switzerland, documents may be served only through the appropriate Swiss Central Authority pursuant to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters, to which the United States is a party, or via letters rogatory. 

The Hague Service Convention facilitates Switzerland Process Service by a foreign judicial authority. The person seeking Switzerland Process Service, or their attorney, should obtain two copies of the Request for Service form (USM-94) from any United States Marshall’s office.. Switzerland Process Service is requested by sending completed forms along with the documents to be served and any necessary translations to a foreign central authority in duplicate. The Swiss noted in their accession to the treaty that service by mail to the parties involved is not permitted.

Switzerland stated in a reservation to its accession to the Convention that if the addressee does not voluntarily accept a document, Switzerland Process Service cannot be served officially on them in accordance with Article 5, unless the document is in the language of the authority addressed, i.e. in German, French, or Italian, or accompanied by a translation into one of these languages, depending on the part of Switzerland in which the document is served.

Switzerland has stated that it is opposed to consular or diplomatic service on its territory (Articles 8). Upon ratification, Switzerland declared that it opposes the use of the Switzerland Process Service methods specified in Article 10, including service through postal channels.

As a general rule, the US prefers that other countries party to the Convention use service provided by the Convention Central Authority. If service of process by registered mail is performed in a nation like Switzerland, which may not consider such service lawful, execution of a U.S. judgment in that or a third country may be problematic.

The U.S. Embassy in Bern has stated that the amount of time necessary to accomplish service by the Government of Switzerland varies by case and canton but will normally proceed reasonably swiftly. Because fewer bureaucratic processes are necessary, service and taking of evidence under the Hague Conventions will likely be speedier than the three months or more required when utilizing the letters rotatory technique. The appropriate points of contact for status reports are the respective cantonal central authority. Proof of Switzerland Process Service will be provided directly to the applicant.

Citations, orders, and judgments must be served in accordance with Article 138 of the Code of Civil Procedure via registered mail or a similar Switzerland Process Service method that requires receipt acknowledgment. When a Switzerland Process Service document is handed to the addressee, an employee, or a member of the family, it is considered to have been notified if the recipient is sixteen years old or older. The court’s order to serve the document on the addressee in person has been reserved.

According to the rules of civil procedure, the Central Authority notifies acts in a formal manner, as a general rule. Central Authority or the competent cantonal court will note this on a certificate and inform the requested State that the notification must be carried out, and a translation will then be required. If the addressee does not voluntarily accept a document, Switzerland Process Service cannot be officially served on them in accordance with Article 5(1), unless it is in the language of the authority addressed, i.e. in German, French or Italian, or accompanied by a translation into one of these languages, depending on the part of Switzerland in which it is to be served (the official languages of every canton are mentioned on the list of Cantonal Central Authorities). 

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 Switzerland Process Service is to be made is entitled to transmit a request directly to the state’s central authority. If a central authority receives a request, it provides for Switzerland Process Service via a local court or other means allowed in the receiving state. A certificate of service is sent to the court official who requested it after Switzerland Process Service has been completed.

for assistance serving legal papers in Switzerland

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. German: Volksrechte, French: droits populaires, Italian: diritti popolari

2. In most cantons, Letters of Request are sent directly from a judicial authority in that canton to the Central Authority of the requested State.

In other cantons, Letters of Request are first sent to the cantonal Central Authority before being sent to the Central Authority of the requested State.

3. Articles 8 to 16 of the Hague Civil Procedure Convention have been replaced by the Hague Evidence Convention (Article 29, Hague Evidence Convention). As a result, the Hague Evidence Convention takes priority if a member state has signed both accords.

4. Articles 271 (prohibited acts for a foreign state) and 273 (economic intelligence service) of the Swiss Criminal Code or other special statutory provisions may be violated if evidence located in Switzerland is handed over to foreign authorities or parties in violation of the applicable international conventions to which Switzerland is a party (such as banking regulation and data protection regulation).

5. But a lawyer does not require authorization when collecting evidence in Switzerland during ordinary case preparation.

6. A decision on the application must be made ex parte and the judgment must be declared immediately enforceable upon completion of Annex V’s procedures, without consideration of the possibility that recognition and enforcement might be denied.

7. Required documents are:

  1. The decision in its entirety, as well as a verified copy of it.
  2. Confirmation that the judgment cannot be appealed or that the appeal has been exhausted.
  3. An official document certifying that the defaulting party was called and given the chance to present its defense is required for judgments by default.

8. 20 UST 361; TIAS 6638

9. Additionally, Federal regulation (22 CFR 92.85) prohibits officers of the United States Foreign Service from serving process on behalf of private litigants or appointing others to do so, notwithstanding any state law to the contrary.

10. According to Article 5 (1) a) or Article 5 (2)

HOW TO SERVE LEGAL PAPERS IN INDIA

Within this article, we will provide instructions on how to serve legal papers in India. After India’s accession on November 23, 2006, the Hague Convention went into effect on August 1, 2007, marking the first anniversary of its entry into force in India.

In the event that a foreign court or judicial body wishes to serve a summons on an Indian citizen or a company with an office in a foreign country that is also a party to the Hague Convention, the Hague Convention will apply. As a result of the Hague Convention, judicial and extrajudicial papers may be sent from one signatory nation to the other.

BACKGROUND

India Process Service prior to the Hague Convention was only possible through Letters of Request/Rogatory. It is a formal India Process Service letter in writing issued to the foreign Court/Judge from the Court where the matter is ongoing, asking for the delivery of summons or other India Process Service-connected activities.

The Indian courts have yet to establish a precedent in relation to the nature of the Hague Convention’s duties and whether or not the India Process Service clauses therein are binding. But in Volkswagenwer Aktiengesellschaft v. Schlunk, the Supreme Court of the United States of America noted via Justice Brennan that the Convention’s provisions are ‘obligatory’ with regard to any transmission covered by it.

Under the agreement, each signatory state is obligated to select a Central Authority to accept the summons for India Process Service that comes from the other contracting parties.  As a result, India has designated the Department of Legal Affairs of the Ministry of Law and Justice as the India Process Service Central Authority under the convention.

STAGES OF how to SERVe LEGAL PAPERS IN INDIA

India Process Service must follow the stages outlined in the Convention. It is required that an official from the State of Origin, or a judicial officer who is competent under that state’s legislation, submit an India Process Service request to the Ministry of Law and Justice, together with the document to be served or a copy of the document to be served. There must be two copies of the request and India Process Service paperwork. If a request is made in a prescribed format, then the Ministry will either serve the India Process Service document itself or arrange for an appropriate agency to do so, either in accordance with its own internal law or in accordance with the method requested by the applicant unless Indian domestic law prohibits it.

All requests for serving of India Process Service in India must also be made in English or be supported by an English translation. The Ministry of  Law is also required to send the summary of the material requested in the request together with the document itself.

Applicants would have to pay or compensate for the expense of hiring a judicial officer or someone competent under the law or the cost of using a certain form of service. As soon as the Ministry of Law completes its process, the Applicant will be sent a certificate appended to the Convention stating that the India Process Service document has been served, as well as information on how it was delivered to the recipient. If the India Process Service had not been completed, the certificate would have to mention why.

RESPONSIBILITIES OF THE CENTRAL AUTHORITY

It is required that the State of origin’s responsible authority or a judicial official send an India Process Service request to the Central Authority of the relevant State in the approved format, together with the document to be served or a copy of the document to be served.

The India Process Service document and the request must be provided as a pair. If the request is properly formatted, the Central Authority will either serve the India Process Service document itself or arrange for it to be served by an appropriate agency, using either a method prescribed by its internal law or a method specifically requested by the applicant, unless this method is incompatible with the law of the State to which the request relates.

The Central Authority may require the India Process Service document to be prepared or translated into the official language of the State addressed. The Central Authority is also required to provide the summary of the material requested in the request together with the document itself.

A judicial officer or a person competent under the law would have to be hired or reimbursed by the Applicant for any expenditures incurred as a result of the usage of a specific service. A certificate appended to the Convention, stating that the India Process Service document has been served and identifying who received it, will be provided to the Applicant after the Central Authority has finished serving it.

It is required that an official from the State of Origin, or a judicial officer who is competent under that state’s legislation, submit the India Process Service request to the Ministry of Law and Justice, together with the document to be served, or a copy of the document to be served. The India Process Service and the request must be served as a whole. It is the Ministry’s duty under Indian domestic law, unless incompatible, to serve the document if it is submitted according to the necessary format or to arrange for it to be served by an appropriate agency in accordance with the Ministry’s internal legislation or the applicant’s specific request.

The applicant would have to pay or compensate for the expense of hiring a judicial officer or someone competent under the law or the cost of using a certain form of India Process Service.

When the Ministry of Law completes its India Process Service, the Applicant will get a certificate appended to the Convention that states the document has been served and includes the method, location, date, and the person to whom the document has been handed. In the case that the service was not completed, the certificate would explain why.

OUT-OF-COUNTRY SUMMONS SERVICE:

Under the Convention, summons outside India must be served in accordance with the methods outlined as such. A request in the required India Process Service format, together with the document to be served or a copy of the document to be served, must be sent to the Central Authority of the relevant State by the authority or judicial official qualified under the legislation of the State of origin.

There must be a copy of both the India Process Service request, and the document served. If the request is properly formatted, the Central Authority will either serve the document itself or arrange for it to be served by an appropriate agency, using either a method prescribed by its internal law or a method specifically requested by the applicant, unless this method is incompatible with the law of the State to which the request relates.

The Central Authority may require the India Process Service document to be prepared or translated into the official language of the State addressed.

The Central Authority is also required to provide the summary of the material requested in the request together with the document itself. The applicant would have to pay or compensate for the expense of hiring a judicial officer or someone competent under the law or the cost of using a certain form of India Process Service. To prove India Process Service, the Central Authority will provide a certificate attached to the Convention, stating that the document has been served and providing information on how it was delivered, where it was sent, and who received it.

Any issues that arose as a result of the incomplete India Process Service would be documented in the certificate of India.

WHAT HAPPENS IF SERVICE IS NOT DONE

There would be a statement in the certificate explaining why the India Process Service was not completed. Under the provisions of the present Convention, if a writ of summons or an equivalent document has to be sent abroad for service and the defendant has not appeared, the judge has the power to release the defendant from the consequences of the expiration of the time for appeal, etc If the defendant learns of the judgment, they have only a limited amount of time in which to submit a motion for relief. 

When an application is made beyond the given deadline but not less than one year from the date of the decision, India Process Service will not be accepted by the contracting state. This rule applies to all states that have signed the treaty. According to India Process Service law, an application for relief will not be granted if it is made after the one-year period has expired.

Under the Hague Convention, the service of court papers in India is not authorized directly via the State of Origin’s diplomatic or consular officers unless the document is to be served on a person of that state.

WHEN THE HAGUE CONVENTION IS NOT APPLICABLE

It is also important to note that India opposes all ways of service under Article 10, including direct postal routes, via court officers, officials, or other qualified Indians or through State of Origin or those involved in the Judicial proceedings. This means that under the Convention, only the Ministry of Law will be able to provide India Process Service. While an American court has acknowledged service of summons in India through Facebook and e-mail as not protected by Article 10 of the Hague Convention, India has not objected to this method of serving the summons.

New York’s court summons was privately given to the petitioner in Anupama Sharma v. Union of India, a case that was ongoing before the New York Court. Private delivery of summons was not in compliance with Articles 3 and 5, the petitioner said since it was not given by a US court but by a private courier. Furthermore, the Petitioner said that India has vehemently resisted Article 10 of the Convention, which authorizes India Process Service of summons or court papers through postal routes directly to those who reside outside of India. Nevertheless, the Bombay High Court noted that it would be impossible for it to halt the service of summons while exercising its writ jurisdiction under Article 226 of the Indian Constitution, and the petitioner can take the said objection to the New York Court and, if her contention is correct, the New York Court may ask the respondent to serve the summons again, in accordance with the provisions laid out in Article 3 and 5 of the Convention.

Furthermore, the government has the right to decline to comply with the request for assistance if doing so would violate its sovereignty or security. If the Hague Convention is abolished, it will no longer be applicable

Each Contracting State may declare that the Judge may render judgment even if no certificate of service or delivery from the Central Authority has been received, provided that all of the following requirements are met.  Even though every reasonable attempt has been taken to get a certificate of any type from the appropriate authorities of the State addressed, no certificate has been obtained.

Each signatory state is obliged under the convention to select a Central Authority to take on the responsibility of receiving India Process Service requests from the other contracting countries. As a result, India has designated the Department of Legal Affairs of the Ministry of Law and Justice as the Central Authority under the convention.

for assistance serving legal papers in India

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. Anupama Sharma v. Union of India W.P.(L) No.119 of 2014

2. When the recipient’s location is unknown, There is no civil or commercial lawsuit; the document to be served is not a judicial or extrajudicial document; there is no cause to be served.

3. U.S. Embassy New Delhi

Shantipath, Chanakyapuri

New Delhi – 110021

India

Telephone: +(91) (11) 2419-8000

Emergency After-Hours Telephone: +(91) (11) 2419-8000

Fax: +(91) (11) 2419-0017

acsnd@state.gov

The U.S. Embassy, New Delhi, serves American citizens in the Indian

states of  Haryana, Himachal Pradesh,

Punjab, Rajasthan, Uttarakhand, and Uttar Pradesh, the union territories of Chandigarh, Delhi, Jammu and Kashmir, and Ladakh, and the country of

Bhutan.

Consulates

U.S. Consulate General Mumbai (Bombay)

C-49, G-Block, Bandra Kurla Complex

Bandra East, Mumbai 400051

India

Telephone: +(91) (22) 2672-4000

Emergency After-Hours Telephone: +(91) (22) 2672-4000 If you

are calling from within India, but outside Mumbai, first, dial 022.

Fax: 91-(0)22-2672-4786

mumbaiacs@state.gov

The Consulate General in Mumbai provides consular services for the

states of Goa, Gujarat, Chhatisgarh, Madhya Pradesh, and Maharashtra, and the union territory of Diu and Daman, and Dadra and Nagar Haveli.

U.S. Consulate General Kolkata (Calcutta)

5/1 Ho Chi Minh Sarani

4. Judges have the authority to provide relief from the effects of the expiration of the time for appeal from a judgment if a defendant who has not been in court is not aware of the summons or equivalent document in time to defend or k does not know of its existence in sufficient time. If the defendant learns of the judgment, he or she has only a limited amount of time in which to submit a motion for relief.

When an application is made beyond the given deadline, but not less than one year from the date of the decision, it will not be accepted by the contracting state. This rule applies to all states that have signed the treaty. An application for relief will not be accepted if it is filed in accordance with this clause in the country

HOW TO SERVE LEGAL PAPERS IN MOLDOVA

In Eastern Europe, Moldova is a sovereign state formally called the Republic of Moldova.   After a 2005 deal between Ukraine and Moldova, Moldova is no longer landlocked and has access to the Black Sea. Transnistria, a breakaway area on the eastern border of the nation with Ukraine, is an unrecognised breakaway entity. Chișinău is the capital and biggest city of Moldova.

Moldova is a parliamentary republic with a president as head of state and a prime minister as head of government. It is a member state of the United Nations, the Council of Europe, the World Trade Organization (WTO), the Organization for Security and Cooperation in Europe (OSCE), the GUAM Organization for Democracy and Economic Development, the Commonwealth of Independent States (CIS), the Organization of the Black Sea Economic Cooperation (BSEC), and the Association Trio.

BACKGROUND

Moldova is a democratic unitary parliamentary country. Moldova’s 1994 Constitution lays up the groundwork for the country’s political system. Changing Moldova’s constitution requires a two-thirds majority in the Moldovan parliament, which cannot be changed during times of war or national emergency. A referendum is required for any constitutional amendments that affect the state’s sovereignty, independence, or unity. Furthermore, amendments to the Constitution cannot be adopted to diminish the basic rights of citizens.

The Moldovan Parliament  is the country’s primary legislative body, with a hundred and one seats and members chosen by public vote every four years. The President of Moldova is chosen by the Moldovan Parliament, which requires the backing of three-fifths of the deputies to succeed them in office (at least sixty one votes). This arrangement was supposed to give the legislative more power over the executive branch.  The president picks a prime minister, who in turn assembles a cabinet, both of which must be approved by parliament.

Another important feature of the new constitution, which was adopted in 1994, is the creation of an independent Constitutional Court that has six justices serving six-year terms. They are not subject to any authority and cannot be removed. Any law passed by parliament, any executive order, or any foreign agreement made by the government may be challenged in court.

With the help of the European Union, Moldova and its two neighbouring nations, Romania and Ukraine, devised an action plan in 2005. As requested by the presidents of both Moldova and Ukraine, EUBAM, the European Union Border Assistance Mission in Moldova and Ukraine, was founded at the end of 2005 as a result of that request. Moldova and Ukraine benefit from EUBAM’s assistance in harmonising national border and customs processes with EU requirements and in combating cross-border crime.

As of 2014, the EU has reached an agreement with each of the three countries. The European Parliament authorised a grant of €90 million for Moldova in September of that year. Moldova signed an agreement with the European Union on November 29, 2013, during a meeting in Vilnius, which was devoted to the EU’s ‘Eastern Partnership’ with ex-Soviet republics.

This year, Moldova signed the Association Agreement with the EU in Brussels on June 27th. After initialling the agreement in Vilnius in November 2013, the agreement is signed today.  In terms of influencing foreign policy, religious leaders may be considered to have an impact. Using its ties to the Russian Orthodox Church, the Russian government has regularly obstructed and slowed the Western integration of former Soviet nations like Moldova after the collapse of the Soviet Union.

PROCESS SERVICE IN MOLDOVA

According to the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial documents in Civil or Commercial Matters, the Republic of Moldova lodged its instrument of adhesion on 4 July 2012. The Hague Service Convention will go into effect for the Republic of Moldova on February 1, 2013, barring any objections. There are thirty two districts in Moldova (raioane, singular raion), three municipalities, and two autonomous territories (Gagauzia and the Left Bank of the Dniester).  Due to the fact that the central government does not have jurisdiction over Transnistria, the eventual status of the region is still in question. Ten additional cities, including Comrat and Tiraspol, the administrative capitals of the two autonomous regions, are also municipalities. Chișinău has a population of 635,994 inhabitants, making it Moldova’s most populous city.

As a whole, the Convention has major weightage in a country like Moldova. To begin, it gives transnational litigants a variety of options for Moldova Process Service papers outside of their home country, as long as none of them are in conflict with the Moldova Process Service rules of the country to which they are being served. The Convention mostly serves as a guide as to what Moldova Process Service procedures are and are not permitted. Furthermore, the Convention ensures that “due process” requirements are addressed by regulating the court awarding and relief from default judgements.

There are several types of acceptable procedures for serving Moldova Process Service outside of the country of origin. There must be a “Central Authority” designated by each signatory country through whom foreign litigants may always serve process. The Convention’s primary means of Moldova Process Service is via the Central Authority, which is a novel feature of this multinational convention.

Postal, consular, or diplomatic procedures may also be used by plaintiffs unless the recipient country disagrees to their use.’ As indicated by earlier international agreements or by the foreign country’s domestic legislation, the Convention allows plaintiffs to employ any alternative means of Moldova Process Service that the receiving government has explicitly approved.

One of the most essential things the Convention does is to ensure that a defendant has been given notice of an action before default is entered. An important first step in integrating the common and civil law systems for Moldova Process Service overseas was taken by including the American notion of due process into the Convention. It has also been decided that the Convention will be self-executed.

The Constitution specifically grants the President and Senate the authority to enter into treaties. Treaties must, however, be read in light of the implicit constitutional constraints imposed by the courts. The supremacy of the Constitution over treaties will usually be preserved as long as they do not obstruct other rights guaranteed by the document. In order for a treaty to be enforceable, it must ensure that the parties to a dispute are given appropriate notice and due process of law. The fourteenth amendment has yet to be challenged by a court in relation to the Convention.

ALTERNATIVE MEANS OF PROCESS UNDER THE HAGUE CONVENTION

Moldova Process Service may be accomplished in a variety of ways under the Hague Convention, including via the postal system, diplomatic or 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 Moldova Process Service papers in their jurisdiction under Articles 8 to 10. Article 5 establishes that all member nations use the central agency method of serving Moldova Process Service papers. A central agency’s Moldova Process Service might take anywhere from four to twelve months. Those who have not obtained a certificate of service or delivery from the central agency after six months are eligible for a Moldova Process Service waiver under the convention. If the court feels that an appropriate amount of time has passed, it may render a decision in certain situations. Courts may also impose temporary orders or protective measures before the six-month waiting period has expired in cases of emergency.

Despite the fact that the Moldova Process Service is free, the central authority may take up to a year to process. The approach to be employed is selected by the central authority. Moldova Process Service by mail may also be used in certain situations, however bailiffs are often employed by local courts to serve papers and provide back confirmation of delivery.

SERVICE BY MAIL

As stated in Article 10(a) of the convention, Moldova Process Service by mail may only be used in states that have not objected to that technique and in jurisdictions that allow it under their relevant legislation. So in France and the Netherlands, incoming Moldova Process Service may be facilitated via the state’s central authority, but not in Germany, Switzerland, or South Korea, where incoming Moldova Process Service must be facilitated through the state. 

When it comes to the interpretation of Article 10(a) in the United States, some courts have argued that service by mail is impossible since the term “send” is employed in the English-language standard rather than “serve.” the US Supreme Court in Water Splash, Inc. v. Menon eventually brought the interpretation in line with other US jurisdictions and other countries, thereby resolving the issue in May 2017.

for assistance serving legal papers in moldova

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. Romania and Ukraine form its western and northern, eastern, and southern borders, respectively

2. This alteration was found to be unlawful by the Constitutional Court on March 4, 2016 and a two-round system of direct election was reinstated for presidential elections going forward.

3. After the 1990–1992 War of Transnistria, Moldova worked with Romania, Ukraine, and Russia, called for international mediation, and cooperated with the OSCE and UN fact-finding and observation missions. Andrei Stratan, Moldova’s foreign minister, frequently said that the Russian forces stationed in the breakaway territory were there against Moldova’s will, calling on them to withdraw “totally and unconditionally.”  The death of a civilian in a security zone event in 2012 heightened relations between the United States and Russia.

4. A total of USD570 million had previously been provided to Moldova by the International Monetary Fund, the World Bank, and other bilateral organisations. Romania donated €100 million to Moldova’s growth in April 2010 and quadrupled the number of Moldovan student scholarships to 5,000.  As part of its assistance to Moldova in its European integration efforts, Poland paid $15 million according to a credit arrangement inked in February 2010.  Romania and Moldova signed many bilateral agreements during their first joint meeting in March 2012, covering a wide range of topics.   Nicolae Timofti reminded parliamentarians before his election that Moldova’s European orientation “has been the policy of Moldova in recent years and this is the policy that must remain.”

5. Moldovan President Igor Dodon said in a speech that Romania will do all in its power to help the country join the European Union as soon as feasible. Romanian President Traian Băsescu has said that the unification of Moldova with Romania is Romania’s next national ambition since more than 75% of the population speaks Romanian.

6. Cities (towns) in Moldova include 66, of which thirteen are municipalities, and 916 communes. Nearly all (700) of the remaining towns and cities (41 of them) do not have their own administrations since they are too tiny to do so (659). This brings the overall number of places in Moldova up to 1,682, with just two of them being unoccupied.

7. Ministry of Justice of the Republic of Moldova
Ms Stela Braniste
Head of International Relations and European Integration Division
Strada 31 August 1989 82,
Chișinău 2012,
Moldavië
Tel: +373 (0)22 201 410 / +373 (0)22 201 412
Fax: +373 (0) 22 234 795
E-mail: stela.braniste@justice.gov.md
Website: www.justice.gov.md

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.

8. Central Authority(ies):

Ministry of Justice of the Republic of Moldova

Contact details:

Address: 82, 31 August 1989 str.

MD-2012 Chisinau

Republic of Moldova

Telephone: +373 (0)22 201 468

+373 (0)22 201 455

Fax: +373 (0) 22 234 774

E-mail: secretariat@justice.gov.md

General website: http://www.justice.md/

Contact person: Daniela DAN

Head of International Cooperation Direction

+373(0)22 201 468

daniela.dan@justice.gov.md

Languages spoken by staff: English, French, Romanian, Russian

9. Understanding the U.S. Constitution is essential for interpreting the Hague Convention’s requirements. According to Article VI’s second clause, international treaties serve as the ultimate law of the country and bind all governments to them. Ratification of international agreements is instantaneous as long as they are self-executing.

10. Methods of Moldova Process Service

(Art. 5(1)(2)): The documents are served by the judges from the territorial competent courts in accordance to the domicile of the persons

Translation requirements

(Art. 5(3)): The documents to be served within the territory of the Republic of Moldova shall only be accepted if they have been translated into the official language of the Republic of Moldova

HOW TO SERVE LEGAL PAPERS IN NORTH MACEDONIA

North Macedonia (Macedonia before February 2019) is a nation in Southeast Europe, formally known as the Republic of North Macedonia. As one of Yugoslavia’s successor republics, it earned its independence in 1991. 

Sobranie, the unicameral legislative body of North Macedonia, is made of a coalition of parties, while the judiciary is autonomous and has its own constitutional court. Members of the Assembly are elected every four years, and there are a hundred and twenty seats in total. The president’s function is mostly ceremonial, and the prime minister has the actual authority. State armed forces are commanded by the president, who is also head of the state’s Security Committee

BACKGROUND

Seventy eight municipalities were created in 2005 when a new legislation was passed and elections were conducted. The ten municipalities that make up the ‘City of Skopje’ manage the country’s capital, Skopje. North Macedonian municipalities are self-governing locales. It’s possible that neighbouring municipalities will work together.

The biggest political divide in the nation is between the majority-Macedonians and minority-Albanians political groups, which are both founded on ethnicity. After a short battle in 2001, a power-sharing arrangement was established between the two groups, resulting in a peace pact. Lawmakers in August 2004 redrawn municipal borders and granted more autonomy to ethnic Albanians who predominate in regions where ethnic Albanians reside.

After a tumultuous campaign, North Macedonia’s 5 July 2006 elections were largely peaceful and democratic. The Democratic Union for Integration and the governing VMRO-DMPNE party created a conversation in an attempt to discuss the differences between the two parties and promote the country’s European and NATO objectives.  Macedonia’s governing coalition was established after early legislative elections in 2008, which were conducted in the Macedonian Parliament.

It was critical for Macedonia’s EU ambitions that the country’s presidential and municipal elections be held peacefully in April 2009. 

Macedonia’s legislative body is the Parliament, or Sobranie. It is tasked with drafting, proposing, and enacting legislation. The North Macedonian Constitution has been in effect since the republic’s inception in 1993. It restricts the powers of both municipal and national governments. Additionally, the military’s powers are regulated by the constitution. The capital of North Macedonia, Skopje, is designated as a social free state under the country’s constitution. In a general election, a hundred and twenty members are chosen to serve four-year terms. Anyone above the age of eighteen may cast a ballot for one of the major political parties. 

This authority is held by the Government of North Macedonia, whose prime minister is the most powerful person in the nation. The prime minister appoints the government’s members, and each sector of society is represented by a minister. Economic, financial, and information technology are only a few of the many departments that have their own ministers. Four-year terms are the norm for those elected to the House of Representatives. The judiciary is led by the Judicial Supreme Court, the Constitutional Court, and the Republican Judicial Council, which all have the ability to rule on cases. The judges are chosen by the general assembly.

NORTH MACEDONIAN LEGAL SYSTEM

According to the North Macedonian legal system, there are three levels of courts: the basic courts, the appellate courts, and the supreme court.  When a disagreement develops over administrative process, the Administrative Court and the Higher Administrative Court are both competent to resolve the matter in the first and second instances, respectively. Should an appeal of a final judgement of the Higher Administrative Court be permitted, the Supreme Court has jurisdiction to rule on that question.

The Law on Courts establishes the jurisdiction of the Basic Courts over a certain municipality or groups of municipalities within that municipality’s jurisdictional boundaries. Courts of primary jurisdiction and courts with enlarged jurisdiction (the Basic Courts) are formed in accordance with their respective jurisdictions. For civil and commercial concerns, labour disputes, and other sorts of conflicts that fall within the jurisdictional purview of the courts, there are specialised court departments within the first-instance courts with enlarged authority.

The Appellate Court has the authority to hear appeals from Basic Court judgements. The Appellate Courts are second-instance courts formed for the region of various Basic Courts. It is possible for the Appeals Court to either uphold the Basic Court’s decision (which would make it definitive) or reverse it and send the matter to the original court for a new trial. The Administrative Court was founded and has jurisdiction over the whole Republic of North Macedonia. The Higher Administrative Court serves as an appeals court in administrative issues. It is the Administrative Court’s job to determine whether or not a state official’s actions are lawful, as well as other matters.

As a third-tier appellate court, the Supreme Court of the Republic of North Macedonia has the authority to rule on exceptional legal remedies in the third instance against final judgments taken by the appellate courts or final decisions adopted by the Higher Administrative Court.

HOW TO BEGIN A LAWSUIT IN NORTH MACEDONIA

According to the legislation, each lawsuit must have a precise claim addressing the primary problem and the subsidiary claims, as well as facts on which the plaintiff founded the claim, proof supporting the facts, and other  North Macedonia Process Service data that each file must include.

In the run-up to a trial, after receiving the statement of claims (lawsuit), preparations for the trial begin. Preparations for the main hearing include the following: evaluation of the lawsuit; transmission of the  Macedonia Process Service lawsuit to the defendant for response; preliminary hearing; and scheduling a major hearing. Accordingly, parties may file North Macedonia Process Service documents detailing facts they plan to present at the main hearing, as well as a proposal for a disclosure of North Macedonia Process Service evidence they want to make available. After the preliminary hearing has concluded, there is no opportunity to present evidence or additional evidence.

The judge (or the council) is ultimately responsible for deciding whether evidence is admissible at trial. At trial, each side presents its case and then elaborates on the evidence they supplied in the preparation process; this material is pertinent to the case and supports their remarks. The primary claim in the action, as well as any related claims, are decided by the court in a judgement. If more than one claim is asserted, the court will often provide a single decision on all of the claims. Occasionally, the court will come up with an answer to a problem.

Legal remedies in Macedonia are divided into two categories: regular and extraordinary.

Parties may file an appeal against a first-instance (regular remedy) ruling in a civil case within fifteen  days from when they were served with the transcript of the ruling. It is possible for the parties to bring an appeal against a second instance final decision within thirty days of receiving the transcript (extraordinary legal remedy). According to the value and/or nature of the claim, a revision might be reported.

It is possible for a court process to be restarted within thirty days after the day the party learned of the cause for the court procedure being restarted, provided certain circumstances are satisfied. How long it takes depends on the difficulty of the case. Each court has a certain time period in which it must act, but such timelines are seldom fulfilled. A notary public reviews the statement of claim and the genuine document attached to it before issuing a payment order based on the findings. If the other party does not protest, the payment order becomes an enforcement deed when it is given to them.

A civil case may be handled in a first instance court that lacks local jurisdiction if the legislation does not define the court’s exclusive jurisdiction, as long as the court has jurisdiction over the kind of claim at issue. A stipulation excluding one court’s jurisdiction over a particular case cannot be enforced because of this. In addition, exclusive jurisdiction provisions are deemed invalid if the plaintiff commences a proceeding for the judgement in question.

This begins the process of civil action by filing a lawsuit (statement of claim). The court will serve the lawsuit on the defendant after verifying that the lawsuit is properly formatted and follows the law (as decided by an earlier inspection).

Legal entities, on the other hand, are served at their registered place of business, which is listed in the trade register. In theory, e-mail North Macedonia Process Service of a lawsuit is permitted by the law, but in fact, this seldom occurs. When a document is physically delivered to the intended receiver, it is called served. The Ministry of Foreign Affairs lends a hand with the North Macedonia Process Service of the document outside of Macedonian jurisdiction.

HOW TO SERVE LEGAL PAPERS ACCORDING TO THE HAGUE CONVENTION

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 proceedings in the Republic of North Macedonia. With it, plaintiffs may now serve papers on overseas parties who are located, functioning, or based reliably and efficiently. To serve Macedonia Process Service in civil and commercial proceedings, but not criminal ones, the convention’s requirements apply. Also, if the address of the person to be served is unknown, the Convention does not apply.

Either by a method prescribed by its internal law for North Macedonia Process Service of documents in domestic actions on persons who are within its territory or, alternatively, at the request of the applicant, the Central Authority of the State addressed serves the document or arranges for it to be served by an appropriate agency. This permits the document to be served by delivery to an addressee who freely accepts it. To be serviced by the Central Authority, a document must be in the official language of the Republic of North Macedonia or one of the official languages thereof.

That all papers served subject to Article 5, paragraph 1, of the Convention, must be prepared or translated into Macedonian according to Article 7 of the Republic of Macedonia Constitution of November 17, 1991

It was made easier for parties to serve each other in other countries thanks to the Hague Service Convention. Any country signing the convention must name a central body to handle North Macedonia Process Service requests received from other countries. Requests for Macedonia Process Service from a judicial official who is authorised to serve process in the state of origin may be made by sending them directly to the state’s central authority. Requests for North Macedonia Process Service are handled by the recipient state’s central authority, generally via a local court, after receiving the request. A certificate of service is sent to the court official who requested it after service has been completed.

Defendants are informed of legal claims against them via the North Macedonia Process Service, and the court may then exercise jurisdiction over them. Depending on the defendant’s location, the Macedonia Process Service for serving papers will be different. Letters rogatory or an international treaty must be used to serve a defendant in a foreign country, for example. Convention on Service Abroad of Judicial and Extrajudicial Documents (the ‘Hague Convention’) is an example of a convention that allows the North Macedonia Process Service of legal documents in civil or commercial matters to be performed abroad. Even though it is often utilised in international litigation, there are a few things you should know before using the Convention to serve Macedonia Process Service.

Hague Convention North Macedonia Process Service requests are most often served via a Central Authority authorised by each signatory nation to handle such requests for assistance. In accordance with Article 3 of the Convention, plaintiffs are required to file a formal request form in order to proceed. Most American lawyers utilise the U.S. Marshal’s online Request for Service Abroad of Judicial or Extrajudicial Documents form. The Central Authority must also receive two copies of the summons, complaint, and other case-initiating papers from the plaintiff’s lawyer. To serve the defendant and submit a certificate of service back to plaintiff, Central Authority must receive these papers.

The Hague Convention does not provide a certain time frame for serving North Macedonia Process Service. In practise, the Central Authority may take up to six months to serve the seeking party and deliver evidence of service. When the Central Authority returns a signed certificate of service, the plaintiff has no control over when it will arrive. When it comes to Macedonia Process Service plaintiffs may not be aware that it has been performed until months after the fact.

There are certain nations that have made particular declarations and reservations about service that depart from what is generally permitted under the Hague Convention. As an example, a request for North Macedonia Process Service must be signed by a judge or court clerk rather than an attorney in Israel, for example. There are many declarations and reservations that affect Macedonia Process Service under the Convention that lawyers need to be aware of and understand.

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Sources

1. Nikola Gruevski’s party, VMRO-DPMNE, won a clear win in the elections. More than 200,000 Albanian protesters demonstrated against Gruevski when he opted to include the Democratic Party of Albanians in the new administration rather than a coalition that had garnered the majority of the Albanian votes, resulting in widespread demonstrations.

2. Six months after snap elections, the Social Democratic Party’s Zoran Zaev was sworn in as prime minister in June of that year. Former Prime Minister Nikola Gruevski’s VMRO-DPMNE party was replaced by a new center-left administration after eleven years of conservative dominance. 

3. Talat Xhaferi serves as Parliament’s president at the moment.

4. In Macedonian law, a so-called authentic deed (веродостонa исрава) may be used to secure an enforceable title in monetary claims.

5. U.S. Embassy Skopje

Samoilova 21

1000 Skopje

Republic of North Macedonia

Telephone: +(389) (2) 310-2000

Fax: +(389) (2) 310-2499

6. Ministry of Foreign Affairs
International Law Directorate
Filip II Makedonski 7
1000 Skopje
Republic of North Macedonia
Phone: +389 (2) 311 0333
Fax: +389 (2) 311 5790
E-mail: dmp@mfa.gov.mk

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.