HOW TO SERVE LEGAL PAPERS IN THE DOMINICAN REPUBLIC

There are two Caribbean islands between Cuba and Puerto Rico. This is the Dominican Republic may be found. After Cuba, it is the Greater Antilles’ second-largest island. 

BACKGROUND IN THE DOMINICA REPUBLIC

On February 27th, 1844, the Dominican Republic proclaimed its independence after being ruled by France, Haiti, Spain, and then Haiti again from 1795 until 1844. 

According to the Dominican Republic’s Constitution, the country’s government is based on a system of civil, republican, democratic, and representative government and the state is described as social and democratic. The legislative, executive and judicial departments of the government each have their own distinct powers.

LEGISLATIVE POWER in the Dominican republic

Two chambers make up the National Congress: the upper chamber, known as the Senate, and the lower house, known as the Chamber of Deputies. There is a straightforward majority vote for both houses of the legislature. There are no temporal limits on how many times a person may be elected to the House of Representatives. Congress convenes two legislative sessions every year in its normal legislative activities. However, the length of a legislative session may be extended by up to sixty more days. 

The Congress of the Republic has the authority to increase or decrease regular or exceptional courts, to approve or reject international treaties and conventions concluded by the Executive Power, and to review and approve the national budget submitted by the Executive Power. Constitutionally, Congress has the power to legislate on any issue. Legislation may be introduced by any senator or delegate in either chamber. 

Additionally, the President of the Republic, the Supreme Court of Justice, and the Central Electoral Board have the authority to initiate legislation in either house of Congress. As a result of the Constitutional revision of 2010, the popular legislative initiative was created, which allows for a bill to be proposed to the National Congress by at least 2% of registered voters. 

If a law has been authorized, it must be published in the Official Gazette or one or more major newspapers, in which case the publication must clearly identify that it is an official publication and have the same legal force as the Gazette.

It is the responsibility of the Public Ministry to lead the investigation and prosecution of illegal activities, as well as to preserve the State’s interests. 

It is made up of a number of individuals, including an Attorney General who represents the nation before the Supreme Court of Justice, as well as General Prosecutors who appear before appellate courts as well as Public Prosecutors who appear before lower-level courts. The Superior Council of the Public Ministry is the primary governing body in charge of monitoring and enforcing disciplinary measures against the Public Ministry’s officials and workers.

EXECUTIVE POWER in the Dominican republic

The President of the Republic, together with the Vice President, is chosen directly by the people for a four-year term as the head of state. It is possible for the President and Vice-President to be re-elected for the next constitutional term. 

The Central Bank of the Dominican Republic and other decentralized government departments, such as the Ministry of Finance, may issue enforceable regulations and rules.

JUDICIAL POWER in the Dominican republic

The highest judicial body is the Supreme Court of Justice, followed by the Courts of Appeal, the Courts of First Instance, and the Justices of the Peace. The system of justice also includes a Constitutional Court, the Public Ministry, and the Public Defender’s Office. 

THE LEGAL SYSTEM in The Dominican republic

The Administrative Contentious jurisdiction is integrated by higher administrative courts and contentious administrative courts of the first instance. Administrative, tax, financial, and municipal concerns are among the areas in which these courts have the authority to hear appeals against central government decisions, acts, and laws. Disputes between the public administration and its officers and civilian workers will be heard and decided in the first instance or on appeal.

It is the responsibility of the Public Ministry to lead the investigation and prosecution of illegal activities, as well as to preserve the State’s interests. By virtue of Ley No. 133-11 Organic Statute of the Public Ministry, it is operationally independent of the Courts.

It is made up of a number of individuals, including an Attorney General who represents the nation before the Supreme Court of Justice, as well as General Prosecutors who appear before appellate courts as well as Public Prosecutors who appear before lower-level courts. The Superior Council of the Public Ministry is the primary governing body in charge of monitoring and enforcing disciplinary measures against the Public Ministry’s officials and workers.

how to serve legal papers in IN THE DOMINICAN REPUBLIC

Dominican Republic Process Service delivering papers to other countries might be difficult. The norms and regulations in the nation of process service must be followed meticulously by an experienced process server in order for Dominican Republic Process Service to be completed properly.

Formal service via Letters Rogatory and informal process service procedures are available in the Dominican Republic. In nations that have ratified the Hague Service Convention, serving legal documents is one of the most efficient and cost-effective means of service. There is presently no process service via the Hague Convention in the Dominican Republic since the country is not a signatory. Letters Rogatory are the sole formal means of process service now available in the Dominican Republic.

As the Dominican Republic is not a signatory to either of the International Service of Process Treaty Agreements, official service must be performed through Letters Rogatory.

All nations that are not a party to an international process treaty are required by law to accept formal delivery of Letters Rogatory via diplomatic channels. Diplomatic channels must be used to send documents, and they must adhere to stringent diplomatic procedures. Letters Rogatory, which has a confusingly like name, is not to be confused with the long and costly processes of the Inter-American Treaty on Letters Rogatory, which does not go via the diplomatic route.

Letters rogatory or letters of request are a formal request from a court to a foreign court for some type of judicial assistance. The most common remedies sought by letters rogatory are service of process and taking of evidence

HOW LETTERS ROGATORY WORKS in the Dominican republic

normally done through diplomatic or consular channels, which made the whole procedure very time-consuming. Process service and evidence collection are the subjects of several international accords.

The 1905 Civil Procedure Convention, signed in The Hague, was one of the first treaties to streamline the process of a letter rogatory. Solely twenty-two nations agreed to ratify the treaty, which was written only in French. After the establishment of the Hague Conference on Private International Law, which was prepared in both English and French, further conventions gained increasing support.

It was possible for recognized authorities in each of the signatory parties to circumvent diplomatic channels when the Hague Service Convention was approved in 1965. These sixty states, including the UK and US (who had not ratified 1905’s), have signed on to this new agreement. Since its ratification in 1970, the Hague Evidence Convention has regulated how evidence is obtained. A total of forty-three states have approved it. Two EU rules (1348/2000 and 1206/2001) have replaced the two Hague Conventions in instances involving only EU members. The two EU laws apply to all EU member states except Denmark, which has opted out of the requirements.

The Dominican Republic does not participate in the Hague Convention, hence only Letters Rogatory may be used for the official Dominican Republic Process Service. Letters Rogatory service may take a long time, but it is the best technique for guaranteeing that any judgments obtained will be enforced.

In the Letters Rogatory procedure, the courts of one nation seek help from the courts of another. When serving documents in the Dominican Republic, the Office of Internal Affairs (OAI) must first authorize Letters Rogatory before they may be presented to the district court for signature by a U.S. judge. The Dominican Republic’s Ministry of Foreign Affairs receives this request for assistance through diplomatic channels.

The foreign judge must still determine whether or not to accept or refuse the request for service after receiving the Letters Rogatory. Thereafter, process service will be performed in line with local legislation if it is given. It is critical to engage with an experienced and qualified process server throughout this procedure, since improper formatting or a lack of relevant information may both result in a refused request for service.

INFORMAL service in the Dominican republic

Dominican Republic Process Service may also be accomplished by informal means. In certain cases, it may make sense to go straight to an agent for assistance. A local process server is involved in this case, and the service is carried out in a manner similar to that of a domestic process server.

The usage of Letters Rogatory depends on diplomatic channels and the assistance of foreign judgment, which is frequently the slowest approach. Once the procedure has begun, it is impossible to determine how much longer it will take because of the lack of communication.

As a result, informal service provided by an agent may be significantly more expeditious. For this reason, Letters Rogatory is typically the preferred method of serving of process in the Dominican Republic since informal delivery frequently results in judgments that are not enforceable there. In circumstances when one is not pursuing the enforcement of a decision, informal means of service may still be the best choice when it comes to notifying a defendant immediately.

When serving legal papers by Letters Rogatory or an informal manner, the requirement for translation is determined on a case-by-case basis. Because of this, many cases involving American judicial systems will need translation into Spanish (or another language) in order to serve the papers to the defendants. It might take up to a year to serve legal papers in the Dominican Republic using Letters Rogatory.

WHAT SHOULD YOU DO NEXT?

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. Christopher Columbus christened the island Hispaniola after he found it in 1492. The western section of Hispaniola, which had been a Spanish colony, was taken over by France in 1607, and enormous tracts of land were converted into agricultural projects, cattle ranches, and a thriving commercial sector.

2. In 1697, the Treaty of Ryswick acknowledged and named Saint Domingue the French colony that developed on the western one-third of the island. During the Treaty of Ryswick, the island was split into two different cultures: the French-speaking west and the Spanish-speaking east. The eastern portion of the island of Hispaniola was given to France by Spain in 1795 as part of the Treaty of Basel.

3. The first session starts on August 16, and the second session begins on February 27. ”

4. As soon as a bill is passed, it is delivered to the Republic’s President for signature and publishing in accordance with legislation.

5. Gaceta Oficial

6. Procuraduria General de la Repblica

7. By virtue of Ley No. 133-11 Organic Statute of the Public Ministry, it is operationally independent of the Courts.

8. Consejo Superior del Ministerio Pblico

9. The President of the Republic serves as the nation’s chief executive, as well as the nation’s chief military and law enforcement officer. In order to carry out his duties, he chooses a cabinet of ministers.

10. Tribunales Superiores Administrativos

11. Service under the Hague Convention may become accessible in future years as more nations have signed on in recent years

12. Department of State, Section 92.54 in Title 22 of the US Code

 13. Whereas:

(1) The Union has set itself the objective of maintaining and developing the Union as an area of freedom, security, and justice, in which the free movement of persons is assured. To establish such an area, the Community is to adopt, among others, the measures relating to judicial cooperation in civil matters needed for the proper functioning of the internal market.

(2) The proper functioning of the internal market entails the need to improve and expedite the transmission of judicial and extrajudicial documents in civil or commercial matters for service between the Member States.

(3) This is a subject now falling within the ambit of Article 65 of the Treaty.

(4) In accordance with the principles of subsidiarity and proportionality as set out in Article 5 of the Treaty, the objectives of this Regulation cannot be sufficiently achieved by the Member States and can therefore be better achieved by the Community. This Regulation does not go beyond what is necessary to achieve those objectives.

(5) The Council, by an Act dated 26 May 1997(4), drew up a Convention on the service in the Member States of the European Union of judicial and extrajudicial documents in civil or commercial matters and recommended it for adoption by the Member States in accordance with their respective constitutional rules. That Convention has not entered into force. Continuity in the results of the negotiations for the conclusion of the Convention should be ensured. The main content of this Regulation is substantially taken over from it.

(6) Efficiency and speed in judicial procedures in civil matters mean that the transmission of judicial and extrajudicial documents is to be made direct and by rapid means between local bodies designated by the Member States. However, the Member States may indicate their intention of designating only one transmitting or receiving agency or one agency to perform both functions for a period of five years. This designation may, however, be renewed every five years.

(7) Speed in transmission warrants the use of all appropriate means, provided that certain conditions as to the legibility and reliability of the document received are observed. Security in transmission requires that the document to be transmitted be accompanied by a pre-printed form, to be completed in the language of the place where service is to be effected, or in another language accepted by the Member State in question.

(8) To secure the effectiveness of this Regulation, the possibility of refusing service of documents is confined to exceptional situations.

(9) Speed of transmission warrants documents being served within days of reception of the document. However, if service has not been effected after one month has elapsed, the receiving agency should inform the transmitting agency. The expiry of this period should not imply that the request is returned to the transmitting agency where it is clear that service is feasible within a reasonable period.

(10) For the protection of the addressee’s interests, service should be effected in the official…

14. EU legislation in the area of judicial collaboration is Council Regulation (EC) No. 1206/2001 from May 28, 2001, on cooperation between the courts of the Member States in collecting evidence in civil or commercial proceedings. Without diplomatic or consular channels, evidence may be transferred from one member state to another. With the exception of Denmark, all EU member nations are subject to the rule. Voters rejected a referendum in 2015 that would have opted into the European Union.

There were two methods used previously to this rule for obtaining evidence in civil cases: under the Hague Evidence Convention or by a formal request from the court where the witness is domiciled to take evidence to the other nation. The Ministry of Foreign Affairs (MFA) of the state of origin normally received this formal document and transferred it to the MFA in the destination state, sometimes through numerous embassies. As a result, the records would be handed over to the relevant state authorities, who would then proceed to gather the proof needed. The material would then be sent back to the investigators through the same cumbersome procedures.

Allowing direct interaction between the courts of the member nations is facilitated by this legislation. The use of a standard request form supplied in the regulation’s appendix is required. Being broadly accepted by the necessary officials helps the process forward. Several paragraphs in the legislation are dedicated to promoting the use of communication technology, such as videoconferencing and phone conferencing.

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.