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Service
of Judicial Documents
in the Czech Republic
The United States and Czech Republic, 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 Czech Republic 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 a notarized 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 Czech Republic are not obligated to
provide status. 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 Czech. 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. In addition, it is common for
the defendant to be given the option of refusing the service due to
lack of translation and, in this instance, the documents would not be
served if not accepted voluntarily by the defendant.
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, unless you wish
to attempt service without it. 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 Czech Republic. In
addition, in the Czech Republic instruments of accession, it the Ministry
of Justice declared that the Czech Republic formally objects to the
methods of service provided for in Article 10 of the Convention, Including
service by mail (Article 10(a)).
Rather than risk challenges to an alternative method of service under
Article 10, it would be prudent to not invite potential challenges or
protracted appellate proceedings on questions of validity or adequacy
of service by private agents in a Convention country.
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 3 weeks. Rush service is available for an additional fee.
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;
The proof of service will be in the form of a notarized
affidavit. If possible, the affidavit should be notarized at the US
Embassy in Sofia. If this is not possible, it must be notarized by a
local notary. This will increase the cost of the service because most
local notaries will require that the affidavit be translated prior to
execution. There would also be additional expenses incurred if there
are applicable forum court statutes that require court authentication
of a foreign affidavit. If you require notarization by a US Consular
officer, or Court authentication, it would need to be requested and
paid for by your office prior to completion of the service.
Our office can provide all the integral services and assistance to effect
service of civil process in Czech Republic using either of the above
methods.
Limited areas of investigation, court record retrieval and various searches
are available in Czech Republic. 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
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