Service of Judicial Documents
in Portugal

The United States and Portugal, 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 Portugal through the Hague Service Convention generally takes 3 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 Portugal 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.

All documents to be served should be translated into Portuguese. 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.

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 Portugal.

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 in areas such as Lisboa (Lisbon) or Porto can usually be effected quickly. The average turnaround time is 2-3 weeks. The service fees depend on the service address. 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 the U.S. Embassy in Lisbon. If this is not possible, 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 Portugal using either of the above methods.

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