Service of Judicial Documents in China

The United States and China, are signatories to the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, Done at the Hague, November 15, 1965, (Hague Service Convention). This service is recommended.

In addition, please be aware that many forum state statutes indicate that service shall be made by any internationally agreed means (treaty or convention) or by an entity "authorized to make service".

Service in China through the Hague Service Convention generally takes 3 months, but can take longer. No request for expedited service is acknowledged by the foreign judicial authorities. Because of this, we will provide an affidavit indicating that the service is in progress, that we are in compliance with applicable statutes, and when we reasonably expect service to be completed. This can be used to support a motion to extend, if necessary, and is provided at no additional cost. The judicial authorities in China are not obligated to provide status, and generally do not. However, we will follow the service as closely as possible.

Please note: Depending on the forum court statutes, we may request that an order be obtained appointing our firm as an entity authorized to request service. We will prepare the order for you at no additional cost. It would be your responsibility to have it executed. The cost for translation of the order will also be your responsibility.

All documents to be served should be translated into Mandarin Chinese. In accordance with article 5 of the convention, if the documents being served are not translated, the request for service can be denied by the judicial authorities of the destination country. The Chinese government has indicated that all documents need to be translated.

THE FOLLOWING IS REQUIRED FOR US TO EFFECT SERVICE THROUGH THE TREATY:

One set of service documents for each entity

Name and address of entity to be served

Fees are due in advance and will be quoted prior to accepting the assignment.

Translation of all documents. If we are to provide translation, translation fees are also due in advance and will be quoted upon viewing the documents.

Service by private agent is available. However, it is wise to keep in mind that private agent service may be quashed in the originating US court and any US judgment obtained on the basis of private agent service may not be enforceable in China. In addition, in China's instruments of accession, the Ministry of Justice declared that China formally objects to the methods of service provided for in Article 10 of the Convention, Including service by mail (Article 10(a)).

After taking the above into consideration, it is strongly advised that service by a private agent not be attempted.

Private agent service fees are dependent upon the location of the service and there are many areas where travel is difficult. The average turnaround time is 2 weeks. Rush service is available for an additional fee.

The proof of service will be in the form of an affidavit. Due to the formal objection to this method of service by the Chinese government, the affidavit cannot be notarized at the US Embassy in Beijing and must be notarized by a local Notary, if one is available. The expense for this is extremely high due to the sensitivity of the issue and because the affidavit will usually need to be translated into Mandarin Chinese before it can be notarized

FOR US TO EFFECT THIS SERVICE, WE REQUIRE THE FOLLOWING:

A complete copy of each of the documents to be served;

Full name, address and any other information available, for the entity being served;

Fees are due in advance and the basic costs will be quoted prior to accepting the assignment;

If this is the method of service you choose, we require your written authorization to effect private agent service after being informed of the possible consequences.

Our office can provide all the integral services and assistance to effect service of civil process in China using either of the above methods.

Limited areas of investigation, court record retrieval and various searches are available in China. Please contact us to discuss your options if you require assistance other than the service of civil process.

Call Prestige Legal Services toll free at 1-800-784-7572 for your free, no-obligation quote.

* ALL FEES DUE IN ADVANCE