HOW TO SERVE LEGAL PAPERS IN MONACO

The Principality of Monaco is a sovereign city-state located on the French Riviera, west of the Italian province of Liguria, in Western Europe, on the Mediterranean Sea. To the north, east, and west, it shares its borders with France. French is the principality’s official language. In addition, many locals are fluent in Monégasque (a dialect of Ligurian), Italian, and English. 

Despite his constitutional position, Prince Albert II retains enormous political authority in the Principality of Monaco, which is run under a sort of constitutional monarchy. The king confers with the French government before appointing the Prime Minister, who is either a Monegasque or a French citizen. Detached French judges have an important role in Monaco’s judiciary.  

Since 1297, Monaco has been controlled by the Grimaldi family. The Franco-Monégasque Treaty of 1861 legally recognized the state’s sovereignty, with Monaco becoming a full voting member of the United Nations in 1993.

BACKGROUND

 Even though Monaco is a sovereign state with its own foreign policy, France is responsible for its defense. There are two tiny military battalions in Monaco, though. However, Monaco participates in EU regulations, such as customs and border controls, while not being a member of the EU. Monaco utilizes the euro as its only currency because of its close ties to France. Previously, Monaco used the French franc. A member of the Organization Internationale de la Francophonie (OIF), Monaco joined the Council of Europe in 2004. (OIF).

A constitutional monarchy with the Sovereign Prince of Monaco as head of state has existed in Monaco since 1911. With a Prime Minister in charge, there are five additional members of the Council of Government, who work together to carry out the policies of the government. Prime Ministers have been French or Monégasque since 2002 when a constitutional modification made it possible for the Prince of Monaco to select a French or Monégasque prime minister. The unicameral National Council and the prince of Monaco share veto power under the Monaco Constitution of 1962.

There are twenty-four members of the National Council, sixteen of whom are elected by a majority vote and eight by a proportional representation process.  National Council approval is required for any legislation.  Since 2003, the city has been led by Georges Marsan, who has served as mayor. Non-partisan, four-year mandates for communal councilors differ from those of the National Council. However, oppositions within the council are common.

The Sovereign Prince appoints the members of Monaco’s judiciary. French judges, nominated by the French government, hold key roles in the judiciary. There are now three Judges in Monaco.

HOW ARE LEGAL PAPERS SERVED IN MONACO

The Hague Service Convention, a multilateral convention signed on November 15th, 1965, in The Hague, Netherlands, provides the basis for the work of Monaco Process Service in civil and commercial proceedings. With it, plaintiffs may now serve papers on overseas parties who are located, functioning, or headquartered with confidence and efficiency. Monaco Process Service 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 for Monaco Process Service.

The Central Authority of the State addressed will serve the document, or it will arrange to have it served by a competent agency, either way. Methods for serving domestic action papers on individuals within its territory, or methods requested by the applicant are all applicable forms for adequate process service provided such Monaco Process Service methods do not conflict with the applicable legislation of any other state.

As long as the recipient accepts it of their own will, the document may be served via delivery to an addressee. Written in Monaco’s official language or Monaco Process Service translated into it is required if the document is intended for submission to Monaco’s Central Authority. The average execution schedule for Monaco Process Service is two to four months

how to serve legal papers ON THE CENTRAL AUTHORITY in monaco

Monaco Process Service in other contracting states was made easier by the Hague Service Convention. Any country signing the convention must name a central body to handle service requests received from other countries. The central authority of the state where service is to be made is allowed to convey requests for service immediately to a judicial officer who is competent to serve process in the state of origin. If a central authority receives a request, it provides for Monaco Process Service via a local court or other means allowed in the receiving state. The central authority provides a certificate of service to the judicial officer who requested it after service has been completed.

how to serve legal papers by ALTERNATE MEANS IN MONACO

Monaco Process Service may be accomplished in a variety of ways under the Hague Convention, including via the postal system, diplomatic/consular agents, judges, government officials, and other appropriately qualified individuals. Articles 8 to 10 address these arrangements, which may or may not be accepted as a proper method of serving papers on the territory of member nations. 

Using the Central Agency (Article 5) to deliver papers is mandatory for all member nations. The Central Agency’s services typically take between four and a half and a year to complete. Even if the Central Agency has not issued a certificate of service or delivery for six months, the convention provides a remedy to the claimants. Depending on the circumstances, the Court may provide a decision after a fair amount of time has passed. Courts may also impose temporary orders or protective measures before the six-month waiting period has expired in cases of emergency.

how to serve legal papers BY MAIL in Monaco

As stated in Article 10(a) of the convention, 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. 

There are a number of multinational corporations, enterprises, and people based in the Principality of Monaco that have operations all over the world. One or more of such people may need the intervention of a foreign court or tribunal to establish Monaco Process Service jurisdiction over them. Foreign process and orders may be served in Monaco as long as certain regulations and procedures are followed. In Monaco, there are a few general rules to keep in mind when providing Monaco Process Service.

PROCEDURE FOLLOWED

A quasi-court officer known as a huissier serves as a conduit for the delivery of Monaco Process Service and orders in Monaco. Bailiff, marshal, or sheriff are all possible translations of this phrase in English. Monaco is home to multiple huissiers. In addition to serving Monaco Process Service, they are quite busy since they also conduct other judicial and quasi-judicial tasks. Papers may also be served by diplomatic channels, in addition to the Monaco Process Service methods adhered to, however, this is a time-consuming option.

 Unless accompanied by a French translation, no huissier in Monaco is ready to serve documents in a language other than French. Exhibits to papers, such as articles from newspapers, are included in this category. When serving non-French language documents in Monaco, it is vital that the huissier provide a French translation, else the person served may seek to have the service nullified in a Monaco court since the papers delivered were not accompanied by a French translation. In the future, when seeking to enforce an award in Monaco due to poor service, this might present issues. Thus far, it does not appear as though anybody contests the quality of the translation; yet, a translation by a professional translator would seem preferable.

 A huissier must be contacted by a Monaco resident requesting that the documents be served, including translations into French, be provided. The huissier will make every effort to deliver the papers to the person to be served as soon as they are received. The huissier shall deposit the documents with the Mairie and send a registered letter alerting the person to be served of the deposit if the person to be served cannot be traced due to absence or another reason (but not because the person is unknown in Monaco or has left Monaco). Under Monaco law, both methods are considered personal service. After that, the huissier will write up a report in French summarising the experience for the client. 

According to the law, the price for the service of process is based on the number of documents served and their size. Each party serviced is charged a separate price. For basic Monaco Process Service, prices might go as high as sixty euros.

TRANSMISSION OF LETTERS OF REQUEST

Letters of Request are first sent to the Central Authority of the requesting State before being sent to the Central Authority of the requested State. The Authority responsible for informing of the time and place of the execution of the Letter of Request (Art. 7) is the judicial authority competent to execute the request. Currently, there is no given declaration of applicability as to the necessity for the presence of judicial personnel at the execution of the Letter of Request

Monaco does not seek reimbursement of costs under Art. 14(2). Additionally, there is an entire exclusion of a Letter of Request being executed for the pre-trial discovery of documents. Although the documents produced by the witness do not need to be authenticated by the court, an oath is generally administered to the witness. Additionally, the witness can be made subject to further examination and recall. However, for each further examination (second exam,) a separate request must be enacted. There are sanctions applicable for the non-appearance of witnessed.

for assistance serving legal papers

Simply pick up the phone and call Toll Free (800) 774-6922 or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all of your process service needs; no job is too small or too large!

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

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

Sources

1. Pierre Dartout, a French citizen, was appointed to the position on September 1, 2020, by Prince Albert II.

2. There are three seats held by the Union Monégasque and one by Renaissance. 14 elected members of the Communal Council, led over by a mayor, govern the city of the principality.

3. The Rally and Issues for Monaco (REM) party controls twenty seats in the National Council.

4. Address:

Direction des Services Judiciaires

Palais de Justice

5, rue Colonel Bellando de Castro

98000 MONACO

Telephone:+377 98 98 88 11

Fax: +377 98 98 85 89

E-mail:dsj@justice.mc

General website:  

Contact person:

M. Pierre-Erige Ciaudo

Administrateur à la Direction des Services Judiciaires

Languages spoken by staff:French, English

5. It’s possible that the huissier will reject the documents and tell the party requesting help to go via diplomatic channels instead. 

6. Normally, the huissier will not sign foreign forms of affidavits of service.

7. Ainsi, (sauf pour ce qui concerne l’aide mutuelle judiciaire entre la France et Monaco) les commissions rogatoires sont adressées par les juridictions ou magistrats compétents à la Direction des Services Judiciaires aux fins d’acheminement à l’Autorité centrale étrangère compétente.

8. Costs relating to the execution of the Letters of Request (Arts 14(2)(3) and 26 How is the testimony transcribed? Le témoignage est transcrit par un greffier sous l’autorité d’un juge.

9. Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? Il semble qu’il soit nécessaire que des questions exactes soient posées.

BLOG DISCLAIMER

The information contained herein has been prepared in compliance with Section 107 of the Copyright Act. Fair use is a legal doctrine that promotes freedom of expression by permitting the unlicensed use of copyright-protected works. The articles/Images contained herein serve as criticism, comment, news reporting, teaching, educational, and research-as examples of activities that qualify as fair use. Undisputed Legal Inc. is a Process Service Agency and “Not A Law Firm” therefore the articles/images contained herein are for educational purposes only, and not intended as legal advice.