International Service of Process
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| Authentication of Foreign Documents
There are generally two ways to authenticate documents from, and for use in, foreign countries. The first is through use of the Hague Convention Abolishing the Legalization of Foreign Public Documents which applies a standardized certificate, apostille, to a document verifying its authenticity. The apostille is a document in which form and content has been agreed to by the nations that have chosen to become signatory. Legalization convention countries.
The second method is chain authentication which is a sequence of authorized signatures, beginning with the original signature, such as a notary or court officer, then verified by a state, federal or judicial agency, and then the state, federal or judicial agency's verification is further verified by the foreign country's consular representation in the United States, or the United States' consular representation in the foreign country.
There are many circumstances where authentication is required or recommended. There are a few countries signatory to the Hague Service Convention, Hague Evidence Convention and Inter-American Convention that require authentication of all documents being forwarded for formal execution.
Documents from abroad to be used in a foreign court are required to be authenticated. Additionally, many state courts require that personal service affidavits be authenticated if not provided by a foreign judicial authority in connection with formal service through one of the conventions.
| Inter-American Convention
Service of judicial documents through an international treaty or convention, such as the Hague Service Convention and the Inter-American Convention, is the formally recognized and recommended method. Once the process server agency is provided with a copy of the documents and a valid address for service, generally the process server agency takes care of all the necessary steps to perfect your service.
| Service By Agent
A common misconception made by nearly every attorney or legal service professional in the United State is that process servers (as they are known in the U.S.) are available in all other countries around the world.
The fact is that they are rarely available. There are few countries that allow private process service as an option within their judicial systems. Because of this, private process servers are non-existent.
Most foreign courts require that a court officer, court appointed attorney or judicial bailiff (huissier) serve process emanating from their courts or received from a foreign judicial authority.
Court officers and court appointed attorneys will generally only serve process at the request and direction of their own courts. Many judicial bailiffs (huissiers) will serve foreign process received from private individuals in a foreign jurisdiction if it does not violate their internal/local laws. Often, however, a judicial bailiff (huissier) will require translation of the documents (if applicable).
When service by a private agent is not prohibited by the foreign country, quick personal service upon foreign defendants is always available. Our firm utilizes attorneys, judicial bailiffs (huissiers), and private investigators, through trusted relationships which have been cultivated over many years.
The Key to successfully serving by an agent is to ensure, whenever possible, that all applicable service requirements are complied with in both jurisdictions. This will guarantee you are doing everything you can to protect your ability to enforce a judgment in the United States that is based upon such service. Many U.S. statutes contain sections which specify how service is to be made outside the United States.
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Letters Rogatory
Service by letter rogatory is effected in a foreign country absent a treaty, convention or other agreement for service of judicial documents.
This is also the method used for acquisition of compelled evidence in a country absent treaty, convention or other agreement for this purpose. This method requires a current diplomatic relationship with the destination country. If there is no Consular Convention in force between the United States and the foreign country, letters rogatory are received by foreign authorities on the basis of comity. A letter rogatory request, even when diplomatic relationships exist, does not obligate the foreign country to execute the request, but simply provides a formal and fairly standardized mechanism through which the requests may officially be made in a manner considered valid in the foreign jurisdiction.
A letter rogatory for execution in a foreign country is a request for international judicial assistance, signed by the forum court here in the United States, forwarded through diplomatic channels to the destination country and ultimately executed through the courts of the destination country.
This is a formal process for use in cases where you believe you may need ultimate enforcement of a judgment or court order in the foreign country.
Service by letter rogatory is a very lengthy process, often taking 6 months or more to complete, with no way to expedite the process. Unfortunately, there are instances when this is the only option available.
Service by letter rogatory requires translation of all documents to be served, including exhibits and the letter rogatory itself, into the native or designated national language of the destination country.
Please note:
Due to the fact that standard letter rogatory protocol requires execution through State Department officials and diplomatic channels of the country of origin, process server agencies and or attorneys can only execute letters rogatory for cases that originate in U.S. courts.
If you have a case originating in a court outside the U.S., your best course of action would be to contact counsel in the destination country, or research the proper procedures and channels within your forum judicial system.
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email: International Process Server Information Center
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