Sunday, April 8, 2012
INTERNATIONAL TRADE: HAGUE SERVICE CONVENTION
INTERNATIONAL TRADE: HAGUE SERVICE CONVENTION: Posted by Norka M. Schell, Esq. Law Offices of Norka M. Schell The Hague Service Convention applies in all civil and commercial cases in ...
HAGUE SERVICE CONVENTION
Posted by Norka M. Schell, Esq.
Law Offices of Norka M. Schell
The Hague Service Convention applies in all civil and commercial cases in which there is a need to transmit judicial or extrajudicial documents for service abroad where two signatory countries are involved.
The purpose of the Hague Service Convention is to:
Before the enactment of the Hague Service Convention, service was generally made by use of "letter rogatory." A letter rogatory is a formal request from a court in the country where the proceedings are underway to a court in the country where the party on whom service is desired is a resident.
In order to use this method, the court in which proceedings are underway transmits the document to be serviced to its own country's Ministry of Foreign Affair which forwards the request to its counterpart in the country of destination. The latter then transmits the document to its local court, which arranges for the party to be served. Once completed, a certificate of service is send back using the same process in reverse.
Letters rogatory are still used in cases where the country of destination has not ratified the Hague Service Convention.
Under the Hague Convention, each signatory country designates a "Central Authority" to accept incoming requests for service.
A "Judicial Officer" who is authorized to serve process in the county of origin may send the request for service directly to the "Central Authority" of the country in which service is to be made. In the United States, any attorney admitted to the bar is a "Judicial Officer."
Once the request is received, barring any objections, the receiving state's Central Authority" arranges for service to be made, generally in accordance with that country's laws.
Once service has been effected, the "Central Authority" transmits back to the original "Judicial Officer" a certificate that is evidence of proper service.
The use of the letters rogatory can take from 6 to 12 months.
The use of the Hague Service Convention generally take 2-4 months.
If you need legal assistance to serve a party abroad, contact us at www.lawschell.com.
The purpose of the Hague Service Convention is to:
- Create appropriate means by which judicial and extrajudicial documents served abroad shall be served on an addressee in sufficient time;
- Improve international mutual judicial assistance by simplifying and expediting the process for service abroad.
Before the enactment of the Hague Service Convention, service was generally made by use of "letter rogatory." A letter rogatory is a formal request from a court in the country where the proceedings are underway to a court in the country where the party on whom service is desired is a resident.
In order to use this method, the court in which proceedings are underway transmits the document to be serviced to its own country's Ministry of Foreign Affair which forwards the request to its counterpart in the country of destination. The latter then transmits the document to its local court, which arranges for the party to be served. Once completed, a certificate of service is send back using the same process in reverse.
Letters rogatory are still used in cases where the country of destination has not ratified the Hague Service Convention.
Under the Hague Convention, each signatory country designates a "Central Authority" to accept incoming requests for service.
A "Judicial Officer" who is authorized to serve process in the county of origin may send the request for service directly to the "Central Authority" of the country in which service is to be made. In the United States, any attorney admitted to the bar is a "Judicial Officer."
Once the request is received, barring any objections, the receiving state's Central Authority" arranges for service to be made, generally in accordance with that country's laws.
Once service has been effected, the "Central Authority" transmits back to the original "Judicial Officer" a certificate that is evidence of proper service.
The use of the letters rogatory can take from 6 to 12 months.
The use of the Hague Service Convention generally take 2-4 months.
If you need legal assistance to serve a party abroad, contact us at www.lawschell.com.
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