HOW TO SERVE LEGAL PAPERS IN SEYCHELLES

In the Indian Ocean, Seychelles is an archipelago of a hundred and fifteen islands and is formally known as the Republic of Seychelles. Maldives and Chagos Archipelago (governed as British Indian Ocean Territory) are among the adjacent islands.

By popular vote, the president of Seychelles is chosen for a five-year term of office as head of state and head of government. The president appoints and oversees the cabinet, which must be approved by a two-thirds majority of the House of Representatives.

BACKGROUND

Assemblée Nationale, Seychelles’ unicameral parliament, has thirty-five members: twenty-six elected directly by the people, and the other nine chosen proportionately based on the percentage of votes each party obtained. It is a five-year term for all members. A democratic multi-party sovereign republic is established under the Constitution, with an elected president serving as the head of state. With twenty-six elected representatives and nine chosen via proportional representation, a unicameral National Assembly has legislative authority.

There are two major political parties in Seychelles: a socially liberal Seychelles National Party (SNP) and a socialist People’s Party (PP), known until 2009 as the Seychelles People’s Progressive Front (SPPF) (SNP).  Before becoming a British colony, Seychelles was a French colony. As a result of this, Seychelles’ legal system has a unique blend of jurisdictions. A Civil Code evolved from the Napoleonic Code governs all civil law, hence there is no such thing as a tort or trust, a British case-law invention (common law). The majority of procedural law is derived from British precedents. Seychelles procedural law is quite similar to British judicial practice.

Legislation is the primary source of law in Seychelles. The legislative arm of Seychelles is the National Assembly. National Assembly has the ability to make new laws, modify existing laws, and abolish laws, save for specific sections of the Seychelles Constitution. This is the ultimate law of the land, and only a referendum may modify certain sections, such as the rights of persons guaranteed by the constitution.

There are no disciplines of the law that have been established purely via case law. The Seychelles Civil Code lays forth the rules and principles that govern the resolution of civil disputes. English law students may be startled to realize that numerous fundamental elements of English tort and contract law do not apply in Seychelles. Seychelles’ contract law is governed by the country’s Civil Code rather than the common law.

JUDICIAL SYSTEM

Seychelles’ ultimate law is the Constitution of the Third Republic. Chapter III comprises the Seychellois Charter of Human Rights and Freedoms (the Charter), almost identical to the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHRF).

An appellate and supreme court, as well as lower courts and tribunals, make up a judicial system. The executive branches of government are covered in four chapters of the Constitution (including finance and defense). Independent institutions such as the Ombudsman, a Public Service Appeal Board, the Constitutional Appointment’s Authority, and the Auditor General were created by the Constitution to guarantee that the exercise of public authority was done in a manner that was both transparent and accountable. The tasks of each department of government are well defined, and there is minimal overlap between them. Centralization and unification are the hallmarks of modern government.

Due to its unique blend of civil and common law traditions, Seychelles has become one of the few truly “hybrid” jurisdictions in the contemporary world.

For international law, Seychelles is difficult to classify as a monolithic or dichotomous jurisdiction. However, international treaties and Seychelles Process Service agreements signed by the president are not binding unless approved by the National Assembly. To interpret the constitution, judges of Seychelles are required to consider Seychelles’ international human rights commitments (and applicable international law). In general, judges have a high degree of familiarity with foreign references, yet many Seychelles Process Service cases are still determined without any reference to authority.

The Registrar of the Supreme Court must issue a Seychelles Process Service summons, signed by them, to each defendant requiring them to appear in the Supreme Court at a day and time specified in the summons to respond to the claim. Each Seychelles Process Service summons will be accompanied by a copy of the complaint. Whenever a lawsuit is filed, the day the summons to appear for a plaint is issued, is the official start date of the lawsuit.

how to serve DOMESTIC PROCESS SERVICE IN SEYCHELLES

Delivery or tendering a Seychelles Process Service copy of the summons will be effective upon delivery or tendering of that document to the defendant in person or to any member of the defendant’s family who is at least sixteen years old and lives with them or to any agent or manager of the defendant at their place of business if the defendant is unable to be found by the process server.

A summons and complaint sent to the defendant’s authorized agent are adequate if the agent is authorized to receive service on their behalf. Delivery of summons must be made to the Attorney General’s office if the defendant is the Seychelles government. A copy of the Seychelles Process Service summons must be handed to the superintendent of the hospital where the defendant works and lives, and they must then deliver the summons to the defendant themselves.

In cases where the defendant is a police officer, the summons must be given to the Commissioner of the Police, who will then deliver it to the defendant himself. This rule is applicable when the defendant is on board a ship and is being served by a person on board who is “seemingly in control.” The person on board must give a copy of the summons and have it delivered to the defendant. If the defendant is in prison, it is sufficient to give a copy of the summons to the superintendent of prisons, who will then deliver the summons to the defendant.

A partner may be served for themselves and for the other partners, or a person who is in charge of the partnership’s business at the Seychelles Process Service principal location. It is sufficient Seychelles Process Service if the summons is attached to the outside door of the defendant’s home or place of business and a copy is posted in a conspicuous location at the Court House; if the defendant is evading service, the summons may be served by affixing a copy to the door of the Court House. 

Within twenty-four hours of Seychelles Process Service, all summonses, notices, orders, or other processes of the court must be returned to the Registrar, and the usher who served them must certify over his signature the date and time of Seychelles Process Service, the location and method of Seychelles Process Service, as well as the signature of the official who served them. In the absence of a specific form of Seychelles Process Service mandated by this Code or any other legislation in effect, all summonses to witnesses, orders of the court, and any process requiring service may be served in the same way as summonses to appear before a plaint.

Seychelles’ supreme court has the authority to issue and serve summonses in civil and commercial cases, whether the defendant is a Seychellois citizen or not. When the Supreme Court requires evidence of service, Seychelles Process Service must be presented as required by the legislation of the nation, colony, or jurisdiction to which the summons is to be served. For non-Seychelles citizens, the summons will not be served, but notice of the proceedings will be given to them; such notice in place of service must be provided in the form and manner laid forth.

how to serve INTERNATIONAL process SERVICE in seychelles

In order to obtain permission to serve a summons on an out-of-jurisdiction party, the plaintiff must provide affidavits verifying their good faith belief in their Seychelles Process Service case, showing where the defendant may be located, and whether or not the defendant is a Seychelles citizen. If the plaintiff fails to provide such affidavits, no such permission will be granted.

Any order giving leave to effect such Seychelles Process Service will limit the time after such service within which such defendant is to appear to answer the claim, which should not exceed one month, where the defendant is in Mauritius or Reunion.   The defendant, before appearing, will be at liberty without entering a conditional appearance to serve notice of motion to set aside such service, to discharge the order authorizing such Seychelles Process Service, or to enlarge the time within which an appearance is to be made.

Unless the court finds that adequate attempts have been taken to serve the defendant physically, the summons may be delivered by substituted or other Seychelles Process Service or by publication or other means in lieu of notice as the court deems appropriate on the motion of the plaintiff.

An affidavit detailing the basis for the Seychelles Process Service request must accompany any such application. After the substitution or other Seychelles Process Service has been completed, or after the publication of the notice in the media or elsewhere, the defendant must appear to answer the claim within the period prescribed.

On the evidence that the court’s order was followed and the defendant did not appear to answer the claim, it may instruct the plaintiff to continue with the action in any way, and under any terms, it sees suitable after the time limit imposed by the order.

Suits served in the jurisdiction may be continued by leaving the jurisdiction. Seychelles law permits the court to order that summonses and other legal documents not be served on a defendant who has fled the country without an attorney or agent to represent and defend him.

how to serve legal papers under the HAGUE SERVICE CONVENTION in Seychelles

The Hague Service Convention, a multilateral pact signed on November 15, 1965, in The Hague, Netherlands, by member nations of the Hague Conference on Private International Law, mandates the use of Seychelles process servers in civil and commercial disputes. In order to provide a reliable and effective method of serving the papers on parties that reside, operate, or are located outside the United States, it was created. Civil and commercial process service is covered under the treaty, but criminal process service is not. 

For service in domestic actions, the Central Authority of a State addressed may use one of two methods: either a Seychelles Process Service method prescribed in its internal law for service of documents on persons within its territory or a Seychelles Process Service method requested by the applicant, unless the requested method is incompatible with the law of a State addressed. Both options are acceptable.

Delivering the document to a recipient who receives Seychelles Process Service willingly is accepted. Seychelles’ official language, or one of Seychelles’ official languages, must be used to serve the document under the Central Authority.

It was made easier for parties to serve each other in other countries thanks to the Hague Service Convention. Each contracting state is obliged under the convention to appoint a central authority to receive incoming Seychelles Process Service requests. The central authority of the state where service is to be made is allowed to convey requests for Seychelles Process 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 service via a local court or other means allowed in the receiving state. The central authority delivers a certificate of service to the judicial officer who requested it after service is complete.

Documents may be served via the postal service, diplomatic/consular agents, judicial officers, authorities, or other competent forms of Seychelles Process Service under the Hague Convention. Member nations may or may not accept these provisions as a legal method of serving the papers in their jurisdiction. Using the Central Agency (Article 5) to provide  Seychelles Process Service papers is not a choice for any member country but a requirement for all of them. The Central Agency’s services typically take four to twelve months to complete. Even after six months, if the Central Agency has not issued a certificate of service or delivery, the convention provides redress to the claimants. In such cases, the Court may, if it considers that a reasonable time has elapsed, give its judgment. Courts may also impose temporary orders or protective measures before the six-month waiting period has expired in cases of emergency.

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

OUR PROCESS

Documents can be faxed at (800) 296-0115, emailed ps@undisputedlegal.com, or uploaded to our website. We do require prepayment and accept all major credit and debit cards. Once payment is processed, your sales receipt is immediately emailed for your records.

Drop-offs must call and make an appointment first to be added to building security to permit access to our office. Documents for service must be in a sealed envelope with payment in the form of a money order or attorney check (WE DO NOT ACCEPT CASH) payable to UNDISPUTED LEGAL INC.; All documents will be received by our receptionist.

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Alaska | Alabama | Arkansas | Arizona | California | Colorado | Connecticut | District of Columbia | Delaware | Florida | Georgia | Hawaii | Iowa | Idaho | Illinois | Indiana | Kansas | Kentucky | Louisiana | Maryland | Massachusetts | Maine | Michigan | Minnesota | Mississippi | Missouri | Montana | North Carolina | North Dakota | Nebraska | New Hampshire | New Jersey | New Mexico | Nevada | New York | Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island | South Carolina | South Dakota | Tennessee | Texas | Utah | Virginia | Vermont | Washington | West Virginia | Wisconsin | Wyoming

INTERNATIONAL COVERAGE AREAS:

Albania | Andorra | Anguilla | Antigua | Argentina | Armenia | Australia | Austria | Azerbaijan | Bahamas | Barbados | Belarus | Belgium | Belize | Bermuda | Bosnia and Herzegovina | Botswana | Brazil | British Honduras | British Virgin Islands | Bulgaria | Canada | Cayman Islands | Central and Southern Line Islands | Chile|China (Macao) | China People’s Republic | Colombia | Costa Rica | Country of Georgia | Croatia | Cyprus | Czech Republic | Denmark | Dominican Republic | Ecuador | Egypt | Estonia | Falkland Islands and Dependences | Fiji | Finland | France | Germany | Gibraltar | Gilbert and Ellice Islands | Greece | Guernsey | Hong Kong | Hungary | Iceland | India | Ireland | Isle of Man | Israel | Italy | Jamaica | Japan | Jersey Channel Islands | Jordan | Kazakhstan | Korea | Kuwait | Latvia | Lithuania | Luxembourg| Malawi | Malaysia | Malta | Mauritius | Mexico| MonacoMontenegro | Montserrat | Morocco | Namibia | Netherlands | New Zealand |Nicaragua | Norway | Pakistan | Panama | Paraguay | Peru | Philippines | Pitcairn |Poland| Portugal | Republic of Moldova | Republic of North Macedonia | Romania |Russian Federation | Saint Vincent and the Grenadines | San Marino | Saudi Arabia | Serbia | Seychelles | Singapore| Slovakia | Slovenia | South Africa | Spain | Sri Lanka | St. Helena and Dependencies | St. Lucia | Sweden | Switzerland | Taiwan | Thailand | Tunisia | Turkey | Turks and Caicos Islands| UkraineUnited Kingdom of Great Britain and Northern Ireland | Uruguay | US Virgin Islands | Uzbekistan | Venezuela | Vietnam

OFFICE LOCATIONS

New York: (212) 203-8001 – 590 Madison Avenue, 21st Floor, New York, New York 10022
Brooklyn: (347) 983-5436 – 300 Cadman Plaza West, 12th Floor, Brooklyn, New York 11201
Queens: (646) 357-3005 – 118-35 Queens Blvd, Suite 400, Forest Hills, New York 11375
Long Island: (516) 208-4577 – 626 RXR Plaza, 6th Floor, Uniondale, New York 11556
Westchester: (914) 414-0877 – 50 Main Street, 10th Floor, White Plains, New York 10606
Connecticut: (203) 489-2940 – 500 West Putnam Avenue, Suite 400, Greenwich, Connecticut 06830
New Jersey: (201) 630-0114 – 101 Hudson Street, 21 Floor, Jersey City, New Jersey 07302
Washington DC: (202) 655-4450 – 2200 Pennsylvania Avenue, 4 Fl East, Washington DC 20037

FOR ASSISTANCE SERVING LEGAL PAPERS IN SEYCHELLES

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 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. Seychelles is a member of the United Nations, the African Union, the Indian Ocean Commission, La Francophonie, the Southern African Development Community, and the Commonwealth.

2. Seychelles have Delict instead of the common law-based tort.

3. Compare Articles 48 and 64 of the Constitution.

4. A defendant who fails to appear on the date specified in the summons despite service in the manner described in Section 42 may either be declared to have received the summons and proceedings may proceed without him or her, or the court may make such further orders as to service as it deems appropriate.

5. As long as the entire suit is land or immovable property situated within the jurisdiction, (b) any act, deed, will, contract or obligation affecting the property is sought to be construed, rectified, set aside, or enforced in the suit; or (c) any relief is sought against land or immovable property situated within the jurisdiction, a summons may be issued and served out of jurisdiction.

6. Two months, where the defendant is in India, Africa, or Madagascar; three months, where the defendant is in Europe or Australia or  four months, where the defendant is in the United States of America or any other part of the world

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