Hague Service Convention - Diplomatic Service Via Letters Rogatory

Diplomatic Service Via Letters Rogatory

Diplomatic channels are generally used between those states that are not contracting parties to the convention. It is generally effected by a letter rogatory, a formal request from the court in the country where proceedings were initiated or underway to a court in another country where the defendant resided. This procedure generally requires transmission of the document to be served from the originating court to the foreign ministry in the state of origin. The foreign ministry in the state of origin forwarded the request to the foreign ministry in the destination state. The foreign ministry then forwards the documents to the local court where the party to be served resided and the local court would arrange for service on the party to be served. Once service was made, a certificate of service (proving that service was made) would then pass through the same channels in reverse. Under a somewhat more streamlined procedure, courts can sometimes forward service requests to the foreign ministry or the foreign court directly, cutting out one or more steps in the process.

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