Hague service convention international process server








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Free consultation call 1-800-365-6945

Hague Evidence Convention

The Hague Evidence Convention is a treaty which entered into force in the United States in 1972 and has become a widely used mechanism for obtaining compelled evidence from witnesses in foreign countries that are signatory.

It should be noted that there are currently 36 different Hague Conventions developed for/ relating to various issues and procedures. For example, Hague Convention #14 is the "Service" Convention and is solely for the service of "notice" documents between signatory countries. Hague Convention #20 is the "Evidence" Convention and is solely for the compulsion of evidence between signatory countries. Hague Convention #12 is solely for the uniform legalization of documents for use between signatory countries. There are also other "Conventions" currently being discussed and developed, such as a Convention for the recognition of judgments.

It is wise to understand the differences between these Conventions and when/which one is warranted in a particular situation.

This method of obtaining compelled evidence is the only option in signatory countries because foreign courts will not recognize the binding power of a U.S. court subpoena.

Compelled requests for evidence in a foreign country in accordance with the Hague Evidence Convention follow the procedures of a formal Request For International Judicial Assistance executed by the local US court, drawn in accepted convention format, and forwarded directly to the Central Authority designated by the foreign country under the Convention.

It is very important to note that MOST FOREIGN COURTS PROHIBIT PRE-TRIAL DISCOVERY, or rather what they interpret to be pre-trial discovery. This interpretation can often be circumvented (contact our office for more information).

Our office can prepare all necessary documents, including the actual request for evidence, and facilitate the acquisition of the testimony or other evidence (where possible).

If the official language of the foreign country is not English, translation of all documents (request and attachments) is required. This also means that any transcripts or physical evidence produced will be in the foreign country's official language and you would be required to translate to English for use in U.S. courts. In addition, if the deponent speaks a language other than the official language of the country in which the testimony is given, it will be your responsibility to provide an appropriate interpreter.

In addition, if U.S. participants are granted permission to attend a deposition and do not speak the language, it is the attendee's responsibility to provide an interpreter.

Our office can provide accurate legal translation of any documents transmitted or received and any interpreter services requested/required.

Time frames for obtaining evidence in this manner vary greatly from country to country. The average time frame is between 2 and 6 months, but can take longer in some countries. Because of this, our office will provide an affidavit stating formal procedures have been initiated and the reasonably expected time frame for completion. This can be used to support a motion to extend.

It is also preferable in certain countries (such as most South American countries) to retain a local attorney to assist, if necessary. This can help to avoid unusual time delays and circumvent other potential complications. If you are interested in this option and would like our assistance, we have counsel in most foreign destinations willing to assist in these matters.

Fees subject to change. Please call ahead