Norway Process Service is sent to the other party (such as a defendant), court, or administrative body in order to exercise jurisdiction over that person in order to allow that person to reply to a proceeding before a court, body, or other tribunals
The Hague Service Convention, a multilateral convention enacted in Hague, Netherlands, on November 15, 1965, by member nations of the Hague Conference on Private International Law, governs the service of civil and commercial issues in Norway. With it, plaintiffs may now serve papers on overseas parties who are located, functioning, or based reliably and efficiently. The convention governs the delivery of process in civil and commercial situations, but not in criminal cases. Also, if the address of the person to be served is unknown, the Convention does not apply.
how to serve legal papers VIA THE CENTRAL AUTHORITY NORWAY
An order from the Central Authority instructs a local court to serve the document on a designated recipient. A process server, rather than the Court, is the most common method of the Norway Process Service. As long as there is no specific date scheduled for a hearing and the papers are in one of the three Nordic languages—Norwegian, Swedish, or Danish—they may be served by mail.
If the document to be served is not written in Norwegian, Danish, or Swedish, or if the request is not accompanied by a translation into one of these languages, the regulations adopted by the Royal Decree on September 12, 1969, will only be followed if the document is delivered only to an addressee who accepts the Norway Process Service voluntarily. However, if the Ministry of Justice is certain that the recipient understands the language used in the document, it may allow the delivery of papers. Article 20 of the Geneva Conventions have not been ratified by Norway.
Party service in other contracting states was made easier by the Hague Service Convention. For each contracting state, there is a central body responsible for accepting Norway Process Service requests. The central authority of the state where the Norway Process Service is to be made may be contacted immediately by a judicial officer authorized to serve the Norway Process Service in the state of origin. A local court or other entity designated by the recipient state’s central authority organizes for Norway Process Service to be fulfilled after the request has been received. A certificate of service is sent to the court official who requested it after Norway Process Service has been completed.
DISPUTE RESOLUTION IN NORWAY
In Norway, the most common means of resolving disputes is via litigation in the regular court system. The Dispute Resolution Act 2005 (DRA) governs the litigation process, giving the judge considerable authority over the course of the case, both before preparation and at the main hearing, in terms of time restrictions and the scope of evidence. To put it another way, the parties are in charge of deciding whether or if an action is brought, as well as the evidence to be produced and arguments to be made, under this system. It is the court’s job to assess the arguments and facts put forward by the parties. For the side stating a truth, the burden of evidence is on the party declaring that fact. The burden of evidence may be flipped in rare instances.
Dispute resolution is always combative, whether it takes place in court or via arbitration.
Within the adversarial concept, the court has wide-ranging powers, allowing each party to respond to the other’s claims and evidence in order to ensure that the process is finished in a timely way. The oral hearing, which is the foundation for the judgment, is typically conducted within six months after the initial writ of summons under the DRA. Court-sponsored mediation is encouraged, and the court rules on the admission of evidence, among other things, in the preparation process. Even while arbitrators may adopt their own rules as long as the right of rebuttal is protected, most arbitrators follow the DRA’s procedural guidelines in most cases.
COURT SYSTEM IN NORWAY
The typical court structure for all civil cases is [A.] District Court (single judge) and [B.] Court of Appeals (three judges) and [C.] Supreme Court (five judges, or in exceptional cases 11 or all (18) supreme court judges).
In the District Court and in the Court of Appeals a party may demand that there be additional two lay judges (rarely used), in some cases with particular knowledge of the area which the dispute concerns (more usual in for instance construction disputes). There are no specialized courts except in some very limited cases (patent disputes). Therefore, a case will start in the District Court having Norway Process Service jurisdiction.
If the dispute is for less than NOK125,000, (the amount proposed is to be revised upwards by 75% to 100%), or the defendant is not represented by counsel, the case must start in a special conciliation board, and if still unresolved can then proceed to the District Court.
If a party fails to preserve Norway Process Service material that it should have known may be relevant, the court will take this into account when determining what evidence it finds admissible (where consideration of whom should have secured evidence for the position claimed is a valid factor when weighing evidence). The destruction of evidence may be a crime in certain cases.
A witness statement submitted in writing before the oral hearing may only be accepted if the witness will be unable to appear in person or if all parties agree. Evidence (papers, witness lists, etc.) must be made available to the public at least three weeks before the hearing, and all comments by attorneys must be submitted online through the site. A lawyer or lawyers will next provide evidence to support or disprove their position at an oral hearing.
A demanding party may ask the court to seek an order ordering disclosure of sought information if a provocation is not adequately responded to (within a time limit generally imposed by the court at the planning meeting or later during the pre-trial stage). Once both sides have had time to react, the court will either refuse or allow the application in its whole, or at least part of it. It is possible to challenge this decision in court. Failure to comply with a final court order may result in a dismissal of a claim or a default judgment against a defendant if a final order is not adhered to (for a claim relating to the omitted evidence).
how to serve legal papers via THE HAGUE SERVICE CONVENTION
For civil and commercial matters, Norway is a signatory to the Hague Convention on the Service Abroad of Judicial and Extra-Judicial Documents. The Hague Conference website provides comprehensive information on the Convention’s functioning, as well as an interactive online request form. Norway’s Central Authority for the Hague Service Convention requires that requests be made in triplicate, together with two copies of the papers to be served, and translations. It is recommended that the individual signing the document in the United States by a lawyer or a clerk of the court. Applicant’s name, address, and signature/stamp should contain the titles “attorney at law” or “court clerk.” Objecting to Article 10 of the Hague Convention, Norway said in its Declarations and Reservations that it does not allow Norway Process Service via postal channels.
The Hague Convention on the Taking of Evidence Abroad in Civil and Commercial Matters (Hague Convention) is a treaty signed by Norway. The Royal Ministry of Justice and the Police is Norway’s central authority for the Hague Evidence Convention and is responsible for receiving letters requesting the collecting of evidence. A sample letter of request may be found in the Hague Evidence Convention Model Letters of Request, which provides detailed instructions on how to write one. There should be two Norway Process Service copies of every letter of request that is sent out. Norway Process Service Requests must be translated into one of the following languages: Norwegian, Danish, or Swedish.
Norway’s Central Authority receives direct requests from the United States for compulsion of evidence under the Hague Evidence Convention and does not need transmission through diplomatic channels. The Hague Evidence Convention can be restricted, which is seen in the Norwegian Declarations and Restrictions. Similarly, Norway’s answer to the 2008 Hague Conference inquiry on the practical implementation of the Hague Evidence Convention provides insight into the country. The Central Authority forwards the document to the competent District or City Court instructing the Court to effect service. The Court will sometimes affect service itself, but very often this task is carried out by a process server.
In general, a process server is used. If the documents are written in Norwegian, Swedish, or Danish or accompanied by a translation into one of these languages, and if it does not include a date set for hearing in the near future, the documents may be served by post.
Under the regulations adopted by Royal Decree on 12 September 1969, requests for Norway Process Service will only be complied with when the document to be served is written in Norwegian, Danish or Swedish, or if the request is accompanied by a translation into one of these languages unless the Norway Process Service document is meant to be delivered only to an addressee who accepts it voluntarily. However, the Ministry of Justice may also in other cases permit the service of documents if it is convinced that the addressee understands the language used in the document.
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1. U.S. Embassy Oslo
Mailing address: PO Box 4075 AMB, 0244 Oslo, Norway
Telephone: +(47) 2130-8540
Emergency After-Hours Telephone: +(47) 2130-8540
Fax: +(47) 2256-2751
2. The Central Authority typically takes three to five months to process a request once it is received.
3. Preponderance of evidence rules in dispute resolution, which means that the burden of proof rests with the plaintiff, although the burden of proof may shift based on the argument put out and whether any party can be considered to be the one responsible for preserving evidence of a certain allegation (for example, to keep minutes of an alleged agreement in a meeting). In most cases, “contemporary records” will take precedence over witness recall of events.
4. There is some discussion regarding introducing specialist courts for some cases, but nothing has been decided
5. Such cases (concerning disputes of less than NOK125,000 (amount proposed revised upwards by 75%-100%) are handled by special procedural rules (small claims procedure) to expedite matters. The oral hearing is then not expected to last more than half a day and is usually held within three months of the writ of summons. The court can restrict evidence proposed if disproportionate, and the rules contain restrictions on the amount of costs that can be awarded.
6. Address: The Royal Ministry of Justice and Public Security
Department of Civil Affairs
Regular Postal address:
Ministry of Justice and Public Security
Department of Civil Affairs
P.O Box 8005 Dep
Delivery address (for documents sent by courier):
The Royal Ministry of Justice and Public Security
Department of Civil Affairs
Telephone:+47 2224 5451
Fax:+47 2224 2722
General website: http://www.regjeringen.no/jd
7. Evidence from the United States has been requested by Norway. The Office of International Judicial Assistance, Civil Division, Department of Justice, 1100 L Street N.W., Room 8102, Washington, D.C. 20530, is the U.S. central authority for the Hague Evidence Convention.
(Art. 3(1)): The courts (including the conciliation boards) and certain administrative authorities such as the County Governors and the Labour and Welfare Administration.
8. Derogatory channels (bilateral or multilateral agreements or internal law permitting other transmission channels) (Arts. 11, 19, 24, and 25)
Supplementary agreements to the Hague Convention of 17 July 1905 and/or of 1 March 1954 were concluded with: Austria; Germany (Berlin, 2 August 1909); Luxembourg (1 June 1910 – Articles 1 and 2).
A multilateral convention on judicial co-operation was concluded between Denmark, Finland, Iceland, Norway, and Sweden on 26 April 1974.
Lugano Convention of 16 September 1988.
Bilateral convention on judicial co-operation: Austria (21 May 1984); Germany (17 June 1977); United Kingdom (London, 31 January 1931 – Articles 2 to 5).
9. Norway has not entered into any agreement with respect to article 20(b). Costs relating to the execution of the request for service
(Art. 12): no costs
Time for execution of request: The average time from receipt at the Central Authority to execution of the request varies between 3-5 months.