Service of Judicial Documents
in French Polynesia

The United States and French Polynesia, 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 Federal Rule 4 directs that service shall be made by any internationally agreed means (treaty or convention) or by an entity "authorized to make service." In addition, several states have the same requirement (Alabama, Alaska, Arizona, California, Connecticut, District of Columbia, Florida, Georgia, Hawaii, Idaho, Kansas, Maine, Massachusetts, Minnesota, Missouri, Nebraska, New Jersey, North Carolina, Ohio, Oklahoma, Rhode Island, Tennessee, Texas, Utah and Vermont).

Service in French Polynesia through the Hague Service Convention generally takes 2-4 months, but can take longer. No request for expedited service is acknowledged. 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 French Polynesia are not obligated to provide status. However, we will follow the service as closely as possible.

Please note: Article 3 of the Convention indicates that "the authority or judicial officer competent under the law of the state in which the documents originate shall forward to the Central Authority" a request for service of judicial documents. Therefore, it is often possible to quash services effected through the Hague Service Convention because the requesting party "was not authorized to serve process in the state of the originating court and therefore is not authorized to request service."

Although this does not apply to Federal court or any state court that allows service by any individual over the age of 18 and not a party, some Central Authorities require the order. However, even if not required by the destination country or originating court rules, we recommend that an order be obtained as a precautionary measure. We will prepare the order for you at no additional cost. It would be your responsibility to have it executed.

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.

Service by private agent is available. However, it is wise to keep in mind that private agent service may be quashed in the originating U.S. Court and any U.S. Judgment obtained on the basis of private agent service may not be enforceable in French Polynesia.

Rather than risk challenges to an alternative method of service under Article 10(c), 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 2 weeks. Rush service is available for an additional fee.

The proof of service will be in the form of a notarized affidavit. If possible, the affidavit should be notarized at a U.S. Embassy. If this is not possible, due to prohibitive costs or travel, a public notary or Court certification will be obtained

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 service and assistance to effect service of civil process in French Polynesia using either of the above methods.

Limited areas of investigation, Court record retrieval and various searches are available in French Polynesia. 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