Hague Service Convention - Procedure

Procedure

The Hague Service Convention established a more simplified means for parties in signatory states to effect service in other contracting states. Under the convention, each contracting state is required to designate a "Central Authority" to accept incoming requests for service. A "Judicial Officer" who is competent to serve process in the state of origin is permitted to send request for service directly to the "Central Authority" of the state where service is to be made. Upon receiving the request, the Central Authority in the receiving state arranges for service in a manner permitted within the receiving state, typically through a local court to the defendant's residence. Once service is effected, the "Central Authority" sends a certificate of service to the "Judicial Officer' who made the request. Parties are required to use three standardized forms:

• a request for service
• a summary of the proceedings (similar to a summons),
• a certificate of service.

The main benefits of the Hague Service Convention over Letters Rogatory is that it is faster (requests generally take 2 - 4 months rather than 6 - 12 months), it uses standardized forms which should be recognized by authorities in signatory countries, and in most cases, it is cheaper because service can be effected by the local attorney without hiring a foreign attorney to advise on how to serve.

The Hague Service Convention does not prohibit a receiving state from permitting international service by other methods otherwise authorized by local law (for example, service directly by mail or personal service by a person otherwise authorized to service process in the foreign country). For example, in the United States, service can often be made by a private process server. States which permit parties to use these "alternative means" of service make a separate designation in the documents they file with the Convention.