The Hague Convention On The Service Of Judicial And Extrajudicial Documents Service Of Documents In Civil Or Commercial Proceedings

Original Language Title: Par Hāgas konvenciju par tiesas un ārpustiesas dokumentu izsniegšanu civillietās vai komerclietās

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/189301

The Saeima has adopted and the President promulgated the following laws: The Hague Convention on the service of judicial and extrajudicial documents service of documents in civil or commercial proceedings article 1. The Hague, 15 November 1965 Convention on the service of judicial and extrajudicial documents service of documents in civil or commercial proceedings (hereinafter referred to as the Convention) with this law is accepted and approved. 2. article. In accordance with article 2 of the Convention a central institution in Latvia is the Ministry of Justice. 3. article. The Ministry of Justice is competent authority request for submission to other national central authorities in accordance with article 3 of the Convention. 4. article. In accordance with article 5 of the Convention, the second and third parts of the central authority of Latvia please provide a translation of the document to be served in the official language or languages understood by the recipient if the recipient has refused to accept the document to be served in civil law cases. 5. article. In accordance with article 6 of the Convention, the first part of the code of civil procedure law in district (City) Court, which runs a foreign request for service, fill in the receipt in accordance with the model form annexed to the Convention. 6. article. Latvia objects to the service of a document in accordance with article 8 of the Convention (with the exception of the document issued by the country of origin of the citizen). 7. article. In accordance with article 10 of the Convention Latvia does not object to the document sent by mail directly to the recipient in Latvia in accordance with article 10 of the Convention "a" item, if the document is drawn up in the language or the Latvian translation Latvian language and it is sent to the addressee by registered post (with notification of receipt). 8. article. In accordance with article 10 of the Convention Latvia oppose article 10 of the Convention, "b" and "c" referred to the types of service in Latvia. 9. article. In accordance with article 15 of the Convention, the second part of the Court of civil law may give judgment even if no certificate of service or delivery of and compliance with the conditions referred to in the Convention. 10. article. In accordance with article 21 of the Convention, to inform the Ministry of Foreign Affairs of the Kingdom of the Netherlands Ministry of Foreign Affairs of the Republic of Latvia Convention notice 3, 5, 6, 8, 10 and 15. 11. article. To recognize that, in accordance with the Cabinet of Ministers on 21 February 1995, order No. 80 "On the accession of the Republic of Latvia to the Hague 18 March 1970 Convention on requesting evidence abroad in civil and commercial matters and the Hague on 15 November 1965 Convention on judicial and extrajudicial use of documents in civil and commercial matters" and article 28 of the Convention, the Convention applies in Latvia with 1 November 1995. 12. article. The law shall enter into force on the day following its promulgation. With the law put the Convention in English and its translation into Latvian language. The Parliament adopted the law on 5 March 2009. President Valdis Zatlers in Riga V 2009 March 18 CONVENTION ON the service ABROAD OF JUDICIAL AND EXTRAJUDICIAL documents IN CIVIL OR COMMERCIAL matters the States signatory to the present Convention, (menu Rngton Line4) to create appropriate mean to ensur that judicial and extrajudicial documents to be served abroad shall be brough to the notice of the addresse in sufficient time (menu Rngton Line4), it improves the organisation of mutual judicial assistance for that purpose by simplifying and expediting the procedure , Have resolved to conclud a Convention to this effect and have agreed upon the following provision: article 1 the present Convention shall apply in all cases, in civil or commercial matters, where there is occasion to transmit a judicial or extrajudicial document for service abroad. This Convention shall not apply where the address of the person to be served with the document is not known. CHAPTER I-JUDICIAL documents article 2 Each Contracting State shall designat a Central Authority which will undertak to receive requests for service coming from other Contracting States and to proceed in conformity with the provision of articles 3 to 6, Each State shall organise the Central Authority in conformity with its own law. Article 3 the authority or judicial officer competent under the law of the State in which the authority shall forward to it the documents originat the Central Authority of the State addressed a request conforming to the model annexed to the present Convention, without any requirement of legalisation or other equivalent formality. The document to be served or a copy thereof shall be annexed to the request. The request and the document shall both be furnished in duplicate. Article 4 If the Central Authority consider that the request does not comply with the provision of the present Convention it shall promptly notify the applicant and specify its objection to the request. Article 5 the Central Authority of the State addressed shall itself serve the document or have it in their IR arrang served by an appropriate agency, either – (a) by a method prescribed by) its internal law for the service of documents in domestic actions upon persons who are within its territory, or by a particular method requested (b)) by the applicant, unless such a method is the incompatibl with the law of the State addressed. Subject to sub-paragraph (b) of the first paragraph of this article, the document may always be served by delivery to an addresse who accept it voluntarily. If the document is to be served under the first paragraph above, the Central Authority may require the document to be written in, or translated into, the official language or one of the official languages of the State addressed. That part of the request, in the form attached to the present Convention, which contains a summary of the document to be served, shall be served with the document. Article 5 the Central Authority of the State addressed or any authority which it may have designated for that purpose, shall complete a certificate in the form of the model annexed to the present Convention. The certificate shall state that the document has been served and shall include the method, the place and the date of service and the person to whom the document was delivered. If the document has not been served, the certificate shall set out the reasons which have prevented service. The applicant may require that a certificate not completed by a Central Authority or by a judicial authority shall be countersigned by one of these authorities. The certificate shall be forwarded directly to the applicant. Article 7 the standard terms in the model annexed to the present Convention shall in all cases be written either in French or in English. They may also be written in the official language, or in one of the official languages of the State in which the documents originat. The òàæó blanks shall be completed either in the language of the State addressed or in French or in English. Article 8 Each Contracting State shall be free to effect service of judicial documents upon persons abroad, without application of any compulsions, directly through its diplomatic or consular agents. Any State may declare that it is opposed to such service within its territory, unless the document is to be served upon a national of the State in which the documents originat. Article 9 Each Contracting State shall be free, in addition, to use consular channels to forward documents, for the purpose of service, to those authorities of another Contracting State which are designated by the latter for this purpose. Each Contracting State may, if so require, of exceptional circumstanc use diplomatic channels for the same purpose. Article 10 Provided the State of destination does not object, the present Convention shall not interfer with-a) the freedom to send judicial documents, by postal channels, directly to persons abroad, (b)) the freedom of judicial officers, officials or other competent persons of the State of origin to effect service of judicial documents directly through the judicial officers, officials or other competent persons of the State of destination (c) the freedom of any person) interested in a judicial proceedings to effect service of judicial documents directly through the judicial officers, officials or other competent persons of the State of destination. Article 11 the present Convention shall not prevent two or more Contracting States from agreeing to permit, for the purpose of service of judicial documents, channels of transmission other than those provided for in the preceding articles and, in particular, direct communications between their respectiv of authorities. Article 12 the service of judicial documents coming from a Contracting State shall not give rise to any payment or reimbursemen of taxes or costs for the services rendered by the State addressed. The applicant shall pay or the Costa will reimburs occasioned by-a) the employment of a judicial officer or of a person competent under the law of the State of destination, (b)) the use of a particular method of service. Article 13 where a request for service to compl with the terms of the present Convention, the State addressed may comply therewith only if their refus it deemas that compliance would it is sovereignty or security infring. It may not comply solely refus to on the ground that, under its internal law, it claims exclusive jurisdiction over the subject-matter of the action or that its internal law would not permit the action upon which the application is based. The Central Authority shall, in the case of refusal, promptly notify the applicant and state the reasons for the refusal. Article 14 in which Difficult «arise in connection with the may the transmission of judicial documents for service channels shall be settled through diplomatic. Article 15 where a writ of summon or an equivalent document had to be transmitted abroad for the purpose of service, under the provision of the the present Convention, and the defendan has not appeared, judgment shall not be given to until it is established that: (a)) the document was served by a method prescribed by the internal law of the State addressed for the service of documents in domestic actions upon persons who are within its territory, or (b)) the document was actually delivered to the defendan or it his residence by another method provided for by this Convention , and that in either of these cases the service or the delivery was effected in sufficient time to enable the defendan to defend. Each Contracting State shall be free to declare that the judge, notwithstanding the provision of the first paragraph of this article, may give judgement even if from the certificate of service or delivery has been received, if all the following conditions are fulfilled-a) the document was transmitted by one of the methods provided for in this Convention, (b) a period of time) of not less than six months , considered adequat by the judge in the particular case, has elapsed since the date of the transmission of the document, (c)) of the certificate of any kind has been received, even though every reasonable effort has been made to obtain it through the competent authorities to be of the State addressed. Notwithstanding the provision of the preceding paragraphs the judge may order, in case of urgency, any provisional or protective measure. Article 16 When a writ of summon or an equivalent document had to be transmitted abroad for the purpose of service, under the provision of the present Convention, and a judgement has been entered against a defendan who has not appeared to be, the judge shall have the power to relieve the defendan from the effects of the expiration of the time for appeal from the judgment if the following conditions are fulfilled: (a)) the the defendan , without any fault on his part, did not have knowledge of the document in sufficient time to defend, or knowledge of the judgment in sufficient time to appeal, and (b)) the defendan has disclosed a prima facie defence to the action on the Merritt. An application for relief may be filed only within a reasonable time after the defendan has knowledge of the judgement. Each Contracting State may declare that the application will not be entertained if it is filed after the expiration of a time to be stated in the declaration, but which shall in no case be of less than one year following the date of the judgement. This article shall not apply to a judgment concerning the status or capacity of persons. CHAPTER II-EXTRAJUDICIAL documents article 17 Extrajudicial documents emanating from authorities and judicial officers of a Contracting State may be transmitted for the purpose of service in another Contracting State by the methods and under the provision of the present Convention. CHAPTER III-GENERAL article 18 of COMMISSION Each Contracting State may designat other authorities in addition to the Central Authority and shall determin the exten of their competence. The applicant shall, however, in all cases, have the right to address a request directly to the Central Authority. Federal States shall be free to designat-more than one Central Authority. Article 19 To the exten the that the internal law of a Contracting State will permit methods of transmission, other than those provided for in the preceding articles, of documents coming from abroad, for service within its territory, the present Convention shall not be affec such provision. Article 20 of the present Convention shall not prevent an agreement between any two or more Contracting States with the dispens-a) the cop would not duplicate of cessity for transmitted documents as required by the second paragraph of article 3 (b)), the language requirements of the third paragraph of article 5 and article 7, c) the provision of the fourth paragraph of article 5 the provision, d) of the second paragraph of article 12, article 21 Each Contracting State shall, at the time of the deposit of its instrument of ratification or accession, or at a later date, inform the Ministry of Foreign Affairs of the Netherlands of the following-(a) the designation of authorities), pursuan to articles 2 and 18, b) the designation of the authority competent to complete the certificate to their article 6 pursuan , c) the designation of the authority competent to receive documents transmitted by consular channels, pursuan to article 9 Each Contracting State shall similarly inform the Ministry, where appropriate, of-a) to the opposition use of methods of transmission pursuan to articles 8 and 10, b) declarations to the second paragraph pursuan of article 15 and the third paragraph of article 16 , c) all modifications of the above designation, opposition and declaration. Article 22 where parties to the present Convention are also parties to one or both of the Convention on civil procedure signed at the Hague on 17th July 1905, and on 1st March 1954, this Convention shall replace as between them articles 1 to 7 of the earlier Convention. Article 23 of the present Convention shall not be affec the application of article 23 of the Convention on civil procedure signed at the Hague on 17th July 1905, or of article 24 of the Convention on civil procedure signed at the Hague on 1st March 1954. These articles shall, however, apply only if methods of communication, identical to those provided for in the Convention for these with a used. Article 24 Supplementary agreements between parties to the Convention of 1905 and 1954 shall be considered as equally applicable to the present Convention, unless the parties have otherwise agreed. Article 25 without prejudice to the provision of articles 22 and 24, the present Convention shall not be a Convention containing provision derogat from on the matters governed by this Convention to which the Contracting States are, or shall become, parties. Article 26 of the present Convention shall be open for signature by the States represented at the Tenth Session of the Hague Conference on private International Law. It shall be ratified, and the instruments of ratification shall be deposited with the Ministry of Foreign Affairs of the Netherlands. Article 27 the present Convention shall enter into force on the sixtieth day after the deposit of the third instrument of ratification referred to in the second paragraph of article 26. The Convention shall enter into force for each signatory State which subsequently on the sixtieth to ratif days after the deposit of its instrument of ratification. Article 28 Any State not represented at the Tenth Session of the Hague Conference on private International Law may accede to the present Convention after it has entered into force in accordanc with the first paragraph of article 27. The instrument of accession shall be deposited with the Ministry of Foreign Affairs of the Netherlands. The Convention shall enter into force for such a State in the absence of any objection from a State which has ratified the Convention before such deposit, notified to the Ministry of Foreign Affairs of the Netherlands within a period of six months after the date on which the said Ministry has notified it of such accession. In the absence of any such objection, the Convention shall enter into force for the acceding State on the first day of the month following the expiration of the last of the period referred to in the preceding paragraph. Article 29 Any State may, at the time of signature, ratification or accession, declare that the Convention shall extend to all present the territories for the international relations of which it is responsible, or to one or more of them. Such a declaration shall take effect on the date of entry into force of the Convention for the State concerned. At any time thereafter, such extensions shall be notified to the Ministry of Foreign Affairs of the Netherlands. The Convention shall enter into force for the Territories mentioned in such an extension on the sixtieth day after the notification referred to in the preceding paragraph. Article 30 the present Convention shall remain in force for five years from the date of its entry into force in accordanc with the first paragraph of article 27, even for States which have ratified it or acceded to it subsequently. If there has been of the denunciation, it shall be tacitly renewed stands out among every five years. Any denunciation shall be notified to the Ministry of Foreign Affairs of the Netherlands at least six months before the end of the five year period. It may be limited to certain of the territories to which the Convention applies. The denunciation shall have effect only as regards the State which has notified it. The Convention shall remain in force for the other Contracting States. Article 31 the Ministry of Foreign Affairs of the Netherlands shall give notice to the States referred to in article 26, and to the States which have acceded in accordanc with article 28, of the following-a the signatures and ratification) of the referred to in article 26; (b)) the data on which the present Convention enter into force in accordanc with the first paragraph of article 27; (c) the accession is referred to) in the article 28 and the dates on which they take effect; (d)) the extensions it referred in article 29 and the dates on which they take effect; (e)) the designation, opposition and declarations referred to in article 21; (f) the denunciation referred to it) in the third paragraph of article 30. In witness whereof the undersigned, being duly authorised, have signed theret the present Convention. Done at the Hague, on the 15th day of November, 1965, in the English and French languages, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Government of the Netherlands, and of which a certified copy shall be sent, through diplomatic channels, to each of the of the States represented at the Tenth Session of the Hague Conference on private International Law.
REQUEST FOR SERVICE ABROAD OF JUDICIAL OR EXTRAJUDICIAL documents Convention on the Service Abroad of Judicial and Extrajudicial documents in Civil or Commercial matters, signed at the Hague, the 15th of November 1965, the Identity and address of the applicant address of the receiving authority the undersigned applicant has the honour to transmit-in duplicate-the documents listed below and, in conformity with article 5 of the above-mentioned Convention, requests prompt service of one copy thereof on the addresse of the , i. e, (identity and address)......................................................................................................................... "
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… … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … …. a) in accordanc with the provision of sub-paragraph (a) of the first paragraph of article 5 of the Convention. ... b) in accordanc with the following particular method (sub-paragraph (b) of the first paragraph of article 5): … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … ….
… … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … …. c) by delivery to the addresse, if he will accept it voluntarily (second paragraph of article 5). The authority is requested to return or to have returned to the applicant a copy of the documents-and of the annex *-with a certificate as provided on the reverse side. List of documents … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … ….
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Done at … … … … …., the … ...
Data........................ "
Signature and stamp * delete if inappropriate certificate the undersigned authority has the honour to certify, in conformity with article 6 of the Convention, 1) that the document served has been * • the (data)................................................................................................................ • at (place, street, number) … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … ….
… … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … ….-in one of the following methods authorised by article 5 (a)) in accordanc with the provision of sub-paragraph (a) of the first paragraph of article 5 of the Convention. (b)) in accordanc with the following particular method *:......................................................................................................................... "
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… … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … …. c) by delivery to the addresse, who accepted it voluntarily.
The documents referred to in the request have been delivered to: • (identity and description of person) …. …. …. …. …. …. …. …. …. …. …. …. …. …. …. …. …. …. …. …. …. …. …. …. …. …. …. ….
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… … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … …. • the relationship to the addresse (family, business or other): … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … ….
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2) that the document has not been served, by reason of the following facts: … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … ….
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In conformity with the second paragraph of article 12 of the Convention, the applicant is requested to pay the expense of reimburs or detailed in the attached statement.
Annex of documents returned:......................................................................................................................... "
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In appropriate cases, the documents establishing the service:......................................................................................................................... "
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Done at … … …, this … … …
Data...................... " Signature and stamp * delete if inappropriate SUMMARY OF the document TO BE SERVED Convention on the Service Abroad of Judicial and Extrajudicial documents in Civil or Commercial matters, signed at the Hague, the 15th of November 1965 (article 5, fourth paragraph) the Identity and address of the addresse: important the ENCLOSED document IS OF A LEGAL nature AND MAY AFFEC YOUR RIGHTS AND OBLIGATIONS. THE ' SUMMARY OF THE DOCUMENT TO BE SERVED ' WILL GIVE YOU SOME INFORMATION ABOUT ITS NATURE AND PURPOSE. YOU SHOULD HOWEVER READ THE DOCUMENT ITSELF CAREFULLY. IT MAY BE NOT TO SEEK LEGAL ADVICE CESSARY. IF YOUR FINANCIAL RESOURCES ARE INSUFFICIENT YOU SHOULD SEEK INFORMATION ON THE POSSIBILITY OF OBTAINING LEGAL AID OR ADVICE EITHER IN THE COUNTRY WHERE YOU LIVE OR IN THE COUNTRY WHERE THE DOCUMENT WAS ISSUED. Enquiries about the AVAILABILITY OF LEGAL AID OR advice IN the COUNTRY where the document WAS ISSUED MAY BE DIRECTED TO: … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … ….
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It is recommended that the standard terms in the notice be written in English and French and where appropriate also in the official language, or one of the official languages of the State in which the document originated. The blanks could be completed either in the language of the State to which the document is to be sent, or in English or French. Name and address of the requesting authority:......................................................................................................................... "
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Particular of the parties *:....................................................................................................................... "
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JUDICIAL document the nature and purpose of the document:......................................................................................................................... "
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Nature and purpose of the proceedings and, where appropriate, the amount in dispute:......................................................................................................................... "
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Date and place for entering appearance**:
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Court which has given judgment: *......................................................................................................................... "
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Date of judgement: * … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … ….
Time-limits stated in the document:......................................................................................................................... "
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EXTRAJUDICIAL document the nature and purpose of the document:......................................................................................................................... "
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Time-limits stated in the document:......................................................................................................................... "
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… … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … …. If appropriate, the identity and address of the person interested in the transmission of the document. ** Delete if inappropriate Convention on judicial and extrajudicial documents in civil or COMMERCIAL MATTERS service of the signatories to the Convention, desiring to create adequate resources to ensure that the issue of judicial and extrajudicial documents abroad, the recipient of it would be announced in due time, desiring to improve mutual legal assistance and cooperation for this purpose, in order to simplify and speed up cooperation to execute, have decided to conclude a Convention and have agreed upon the following provisions, : article 1 this Convention shall apply in civil or commercial matters where the Court and extrajudicial document has to be transmitted to the service of a foreign country. This Convention shall not apply where the person has no known address, that these documents are to be served. Chapter I-court documents article 2 each Contracting State shall mean the central authority undertakes to receive requests for legal assistance from the service in the other Contracting State and act in accordance with article 3.-6. Each country is organised by the central authorities in accordance with their own national law. Article 3 according to the country of origin of the document of national law, the competent authority or the competent judicial officer shall submit a request to the central authority of the requested State in accordance with the model form annexed to the Convention, no legalisation or other similar formality. The document to be served or a copy thereof shall be attached to the request for legal aid. Both the request and the documents to be served shall be submitted in duplicate. Article 4 If the Authority considers that the request does not comply with the provisions of this Convention, it shall without delay inform the applicant, indicating the opposition to this request. Article 5 the requested central authority of the State itself, or to the issuing authority, either: (a)) in accordance with the national law, which shall determine the procedure for the issue of a document in national proceedings proceedings to persons who are within its territory, or (b)) the specific applicant form requested, unless such service is incompatible with the requested authority of national law. With the exception of the first paragraph of this article "b" score, the document may always be served, if the addressee accepts it voluntarily. If the document is issued in accordance with the first paragraph of this article, the central authority may request that the document be drawn up in or translated into the official or requested in one of the official languages. The letters rogatory, which includes part of the addressee of the document review in accordance with the Convention, the attached form must be provided with the documents to be served. Article 6 State the requested central authority or any other authority designated for this purpose fill in the receipt, using the model form annexed to the Convention. The acknowledgement must specify that the document has been served, and specify the document type of the service, the site, the date and the person to whom the document has been served. If the document is not issued, the acknowledgement shall state the reasons for the non-service. If the certificate is not issued by a central or judicial authority, the applicant may be required to confirm one of these institutions. Certificate sent directly to the applicant. Article 7 the forms annexed to the Convention standard rules in all cases use the French or the English language. In addition they can also be used in the official documents or in one of the official languages of the country of origin. Fill out the form in the appropriate places filled in the requested official language, French or English. Article 8 any Contracting State is free to be free to effect service of judicial documents to persons abroad without any forced features directly to its diplomatic or consular officials. Any State may declare that it is opposed to such service within its territory, unless the document is to be issued in the country of origin of the document citizen. In addition, article 9 any Contracting State is free to use consular channels to forward the documents to the izsniedzamo other contracting authorities, which the latter State has designated for that purpose. Each Contracting State, if special circumstances require it, you can use diplomatic channels this same purpose. Article 10 if the requested State does not object, this Convention shall not affect: (a)) the right to send judicial documents directly by post to persons abroad; (b) judicial officials), officials or other competent persons of the country of origin of the document right to effect service of judicial documents directly through the requested State judicial officers, officials or other competent persons; (c) proceedings) of any rights of the person concerned to effect service of judicial documents directly through the document issuing State judicial officers, officials or other competent persons. Article 11 this Convention shall in no way prejudice the two or more Contracting States to agree on a different transfer modes for the purpose of service of judicial documents, than for previous articles, in particular, for direct communication between the relevant authorities of these countries. Article 12 Of the other Contracting State service of judicial documents need not be payment or reimbursement of taxes or costs for services provided by the requested State. The applicant shall pay or reimburse the costs occasioned by: (a) judicial officers) or requested in accordance with national law the employment of competent persons; (b) the specific nature of the service). Article 13 if the request for legal aid meets the requirements of this Convention, the requested State may refuse to execute the request only if it considers that execution of the request would jeopardize its sovereignty or security. Legal assistance at the request of the execution may not be refused solely on the basis that national legislation provides for exclusive jurisdiction in relation to the subject of this or that national legislation does not provide for the right to take any action on the issue, which brought the action. In the event of refusal, the central authority shall without delay inform the applicant of the reasons for the refusal. Article 14 Any difficulties which may arise in connection with the transmission of judicial documents, for the issue is resolved in a diplomatic way. Article 15 where a writ of summons or an equivalent document had to be transmitted to a foreign State for the purpose of service, under the provisions of this Convention and the defendant has not appeared, judgment shall not make before determines that: (a)) was issued in accordance with the national law, which shall determine the procedure for the issue of a document in national proceedings, proceedings in respect of persons who are within its territory, or (b)) the document was actually delivered to the defendant or to his residence issued in another manner laid down in this Convention; and that, in any of these cases, the issue or transfer was effected in sufficient time to enable the defendant to defend. Each Contracting State shall have the right to announce that the judge, notwithstanding the provisions of the first subparagraph, may make a judgment even if no certificate of service received or transfer, if the following conditions are fulfilled: (a) the document was forwarded to) with any of the types specified in this Convention; (b)) from the document transfer days have passed not less than six months, the judge in the case in question shall be deemed to conform to the period; c) no certificate of any kind has been received, even though every reasonable effort has been made to obtain it from the competent authorities of the country of destination. Despite the provisions of the preceding paragraph shall, in urgent cases, the judge may order provisional or precautionary measures. Article 16 If a writ of summons or an equivalent document had to be transmitted abroad for the purpose of service, under the provisions of this Convention and has the judgment without the presence of the defendant, the judge has the right to exempt the defendant from a judgment of the period of limitation, if the following conditions are met: (a)), the defendant, without any fault on his part, did not have knowledge of the document in time to prepare a defence, or learn about the judgment in sufficient time to the appeal; and (b)) the defendant has disclosed a prima facie defence to the case on the merits. An application for relief from judgment 19(4) shall be submitted within a reasonable time after the defendant has knowledge of the judgment. Each Contracting State may declare that such application will not be accepted if it is filed after the time limit laid down in the notice, but in any case, this period may not be less than one year after the date of the judgment. This article shall not apply to judgments concerning the status or capacity of persons. Chapter II-extrajudicial documents article 17 contracting authorities or court officials prepare for extrajudicial documents may be transmitted for the purpose of service, in another Contracting State in accordance with this Convention, the forms and rules. Chapter III-General provisions article 18 each Contracting State may designate other authorities the additional central authority, in determining the amount of this authority. In all cases, however, the applicant has the right to address a request directly to the central authority. Federal States are entitled to appoint more than one central authority. Article 19 if a Contracting State's national rules laying down different rules from those laid down in the preceding articles document transfer form in relation to the foreign service in its territory, this Convention does not affect the rules. Article 20 of the Convention shall in no way prejudice the agreement between any two or more of the Contracting States, if such an agreement provides for derogations from: (a)) need transferred copies of documents in accordance with article 3, second paragraph; (b)) in the third subparagraph of article 5 and article 7 of the rules on language requirements; (c) of article 5) the fourth part; (d)) of article 12 the provisions of part two. Article 21 each Contracting State ratification or accession during or following the later in time shall inform the Ministry of Foreign Affairs of the Netherlands: (a) the designation of authorities) in accordance with article 2 and 18; (b) the designation of competent authorities) to issue certificates in accordance with article 6; (c) the designation of competent authorities) get through consular channels forwarded documents in accordance with article 9. If necessary, each Contracting State shall inform the Ministry of: (a)) objections to the form of the transfer of documents are used in accordance with article 8 and 10; b) notifications in accordance with the second subparagraph of article 15 and in article 16, third paragraph; (c)) of any changes in the designation of the above authorities expressed objections and notifications. Article 22 If the Contracting States to this Convention are also Contracting States to one or both conventions on civil procedure signed the Hague 17 July 1905 and 1 March 1954, then this Convention replaces the previous Convention-article 7 1. Article 23 of this Convention shall not affect any conventions on civil procedure signed at the Hague 17 July 1905, article 23 and the Hague 1 March 1954 on civil procedure of the Convention article 24. This article shall apply only if you use the communication methods that are identical to those laid down in these conventions. Article 24 supplementary agreements between the Contracting Parties of 1905 and 1954 Conventions are considered to be applicable also to this Convention, except where the parties have agreed otherwise. 25. Without prejudice to article 22 and article 24 rules, this Convention does not affect the other provisions of the Convention on matters governed by this Convention in which the Contracting States are parties, or on which the contracting parties contracting States will become. Article 26 this Convention is open for signature by the States which are represented in the Hague Conference on private international law 10. session. It must be ratified and the instruments of ratification shall be deposited with the Ministry of Foreign Affairs of the Netherlands. Article 27 this Convention shall enter into force on the 60th day after the third instrument of ratification in accordance with the second subparagraph of article 26 is deposited in the Ministry of Foreign Affairs of the Netherlands. Convention shall enter into force for each State which ratifies it later, on the 60th day following the deposit of instruments of ratification instruments. Article 28 any State not represented at the Hague Conference on private international law session, 10 may accede to this Convention after it has entered into force in accordance with the first subparagraph of article 27. Instrument of accession is deposited in the Ministry of Foreign Affairs of the Netherlands. Convention shall enter into force in the country, if any country which has ratified the Convention before this accession, within six months of the notification of accession to the Ministry of Foreign Affairs of the Netherlands has not notified its objections to such accession to that Ministry. If such objection has been expressed, the Convention State that acceded, shall enter into force on the first day after the final expiry of the period referred to in the above subparagraph. Article 29 any State signing, ratification or accession, may declare that this Convention shall apply in all areas, for which that State is responsible in international relations, or in one or more of these areas. Such notification shall enter into force on the date when this Convention enters into force in the country concerned. Any time for the following additions should be communicated to the Ministry of Foreign Affairs of the Netherlands. Convention shall enter into force with respect to the areas referred to in the communication on the 60th day following the notification referred to in the previous subparagraph. Article 30 of This Convention is in force for a period of five years from the date of its entry into force in accordance with article 27, the first paragraph even for States which have ratified or acceded to it at a later time. If this Convention is not denounced, it is deemed to be extended for another five years. Any denunciation shall be notified to the Ministry of Foreign Affairs of the Netherlands at least six months before the expiry of the five-year period. It can be limited to specific areas in which the Convention is in force. The denunciation shall have effect only in relation to the country in which it is declared. This Convention shall remain in force for all the other contracting countries. Article 31 the Netherlands Ministry of Foreign Affairs declares in article 26 of the above countries and countries which have acceded in accordance with article 28, on: (a) the signature and ratification) in accordance with article 26; (b)) in accordance with article 27 of the first part of the date of entry into force of this Convention; (c)) in accordance with the accession to article 28 and the date on which it takes effect; (d) the extension of the application) specified in article 29 and the date on which it takes effect; (e) the appointment, and the opposition) notifications in accordance with article 21; f any denunciation in accordance with the 30). the third paragraph of article. In witness thereof, the undersigned, being duly authorised, have signed this Convention. Signed in the Hague on 15 November 1965, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Government of the Netherlands, and of which a certified copy of the circulate through the diplomatic channel, each State which is represented by the Hague Conference on private international law 10. session.
Request FOR service ABROAD OF JUDICIAL OR EXTRAJUDICIAL documents request for judicial or extrajudicial documents Convention on the Service Abroad of Judicial and Extrajudicial documents in Civil or Commercial matters, signed at the Hague, the 15th of November 1965 the Hague 15 November 1965 Convention on judicial and extrajudicial documents in civil or commercial proceedings the issue of the Identity and address of the applicant and the name and address of the applicant, the address of the receiving authority of the receiving authority address the undersigned applicant has the honour to transmit- in duplicate-the documents listed below and, in conformity with article 5 of the above-mentioned Convention, requests prompt service of one copy thereof on the addresse, i. e, the applicant who signed below, have the honour to forward two copies of the documents listed below and in accordance with article 5 of the Convention to ask instant document one instance of the service recipient, namely: (identity and address) identity of the person and adrese
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… … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … …. a) in accordanc with the provision of sub-paragraph (a) of the first paragraph of article 5 of the Convention. in accordance with article 5 of the Convention, first paragraph, the provisions of point "a". (b)) in accordanc with the following particular method (sub-paragraph (b) of the first paragraph of article 5): in accordance with the following particular kinds (Convention article 5, first paragraph, point "b"): … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … ….
… … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … c) by delivery to the addresse, if he will accept it voluntarily (second paragraph of article 5). the recipient, if he voluntarily accepted (article 5, second paragraph). The authority is requested to return or to have returned to the applicant a copy of the documents – and of the annex, with a certificate authority as provided on the reverse side. The authority is asked to be sent back to the applicant and a copy of and annexes, together with the receipt-as provided for in the other party. List of documents documents list … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … ….
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Done at … … … … …., the......... "
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Date signature and stamp signature and stamp * delete if inappropriate delete where not applicable certificate attestation the undersigned authority has the honour to certify, in conformity with article 6 of the Convention, the representative of the institution have signed up below, have the honour, in accordance with article 6 of the Convention to acknowledge) that 1 the document has been served and that the document has been served * • the (data) on (date) … … … … … … … … … … … … … … … … … … … … … … … … … … … … … …. • at (place Street, number) (site: name, street, number) … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … ….
… … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … ….-in one of the following methods authorised by article 5: in one of the forms provided for in article 5: (a)) in accordanc with the provision of sub-paragraph (a) of the first paragraph of article 5 of the Convention. in accordance with article 5 of the Convention, first paragraph, the provisions of point "a". (b)) in accordanc with the following particular method: in accordance with the following particular types of: … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … ….
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… … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … …. c) by delivery to the addresse, who accepted it voluntarily. the recipient, who willingly accepted. The documents referred to in the request have been delivered to: • (identity and description of person) of personal identity and its description … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … ….
… … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … …. • the relationship to the addresse (family, business or other): family, work, or other relationship with the recipient................................................................................................................... "
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2) that the document has not been served, by reason of the following facts: that the document will not be issued for the following reasons: … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … ….
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In conformity with the second paragraph of article 12 of the Convention, the applicant is requested to pay the expense of reimburs or detailed in the attached statement. In accordance with article 12 of the Convention, the second part of the applicant is required to pay or be reimbursed the expenses listed in the attached statement. Annex the annexes of documents returned: returned documents:....................................................................................................................... "
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In appropriate cases, the documents establishing the service:-appropriate documents proving service......................................................................................................................... "
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Done at … … …, this … … …
Fill space authority Data...................... " Date signature and stamp signature and seal * delete if inappropriate delete if not relevant SUMMARY OF the document TO BE SERVED BE SERVED the document review the Convention on the Service Abroad of Judicial and Extrajudicial documents in Civil or Commercial matters, signed at the Hague, the 15th of November 1965 (article 5, fourth paragraph) in the Hague on 15 November 1965 Convention on the service of judicial and extrajudicial documents service of documents in civil or commercial proceedings (article 5, fourth paragraph) the Identity and address of the addresse of the : The recipient's identity and address: important the ENCLOSED document IS OF A LEGAL nature AND MAY AFFEC YOUR RIGHTS AND OBLIGATIONS. THE ' SUMMARY OF THE DOCUMENT TO BE SERVED ' WILL GIVE YOU SOME INFORMATION ABOUT ITS NATURE AND PURPOSE. YOU SHOULD HOWEVER READ THE DOCUMENT ITSELF CAREFULLY. IT MAY BE NOT TO SEEK LEGAL ADVICE CESSARY. IF YOUR FINANCIAL RESOURCES ARE INSUFFICIENT YOU SHOULD SEEK INFORMATION ON THE POSSIBILITY OF OBTAINING LEGAL AID OR ADVICE EITHER IN THE COUNTRY WHERE YOU LIVE OR IN THE COUNTRY WHERE THE DOCUMENT WAS ISSUED. Enquiries about the AVAILABILITY OF LEGAL AID OR advice IN the COUNTRY where the document WAS ISSUED MAY BE DIRECTED TO: important in the Annex of the document is legal in nature and may affect your rights and obligations. "Overview of the document to be served ' will give you some information about the nature and purpose of the document. However, you need to thoroughly familiarize themselves with the content of the document. You may need legal advice. If your financial resources are insufficient you should seek information on the possibilities to obtain legal aid or advice either in the country where you live, or the document's country of origin. With issues of legal aid or advice available in the country of origin of the document may apply to: … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … ….
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It is recommended that the standard terms in the notice be written in English and French and where appropriate also in the official language, or one of the official languages of the State in which the document originated. The blanks could be completed either in the language of the State to which the document is to be sent, or in English or French. It is recommended that the notification provisions of the design standards in English and French and, where necessary, the document's country of origin's official or one of the official languages. Empty boxes can be filled out either in the language of the country to which the document is to be sent, or English or French. Name and address of the requesting authority: the authority of the applicant name and address: … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … ….
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Particular of the parties *: news about pusēm*:
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JUDICIAL document ** judicial document nature and purpose of the document: nature and purpose of the document:......................................................................................................................... "
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Nature and purpose of the proceedings and, where appropriate, the amount in dispute: the nature and purpose of the proceedings, and – if necessary – disputes the amount: … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … ….
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Date and place for entering appearance: * arrival time and place … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … ….
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Court which has given judgment: ** Court which made the ruling *:....................................................................................................................... "
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Date of judgement: Ruling * date *:......................................................................................................................... "
Time-limits stated in the document: time limits set out in Document **:......................................................................................................................... "
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EXTRAJUDICIAL document ** extrajudicial document * nature and purpose of the document: nature and purpose of the document:......................................................................................................................... "
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Time-limits stated in the document: time limits set out in Document **:......................................................................................................................... "
… … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … …. If appropriate, the identity and address of the person interested in the transmission of the document. If necessary, the service identity of the parties and address ** delete if inappropriate delete where not applicable