International Process Servers, Statutory Agents & Expert Witnesses

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International Service of Process
International Discoveries

Subpoenas, Letters of Request,

and taking evidence abroad services

International Private Law is since Roman times define as "Ius gentium est quod naturalis ratio inter omnes homines constituit", meaning that International Law is the human natural reason established by men. Once the Law (Codified, Customs, Jurisprudence ...) has been accepted "quod naturalis ration inter omnes" then at the Hague this is institutionalized by "homines consituit" or established. There are different Hague Conventions or commissions studying International Law, but none elaborates International Law but does a recompilation of comparative law or a synthesis of present what is considered "Naturalis ratio".

The Hague Convention of 1965 for Service Abroad and that of 197,  both behind Common Law Jurisprudence, they are both optional. The last instance to accept International Service of Process or International taking of evidence relies on the “Judging Court” where Judges have as only limit the non acceptance of “Criminal acts” accomplished abroad to obtain Evidence or to Serve Process.

Subpoenas and Letters of Request

There are different ways to obtain evidence abroad, the Hague Convention of 1970 even if the Country is a Signatory Country is not mandatory and is not of “Imperative Law” precepts either. We are in an era of “free movement of information”.

Depending on the Jurisdiction and the legal system, evidence receives different regulation, thereto what is considered as “restricted access information” can be of “public access” in another and in this case not needing a special request but our service of “Retrieving non confidential Information”. In some countries we can access all the accounting books of a Company, their Tax reports ….. etceteras. Obtaining evidence during “Pretrial” or during an “Arbitration” is our specialty: Voluntary, either taking of depositions or evidence in Civil or Commercial matters is no longer a problem. Another advantage we offer is taking evidence and depositions anywhere within Europe, we are not restricted to diplomatic premises as happens with Consular agents with voluntary depositions or in front of “Traveling evidence”.

In North America, private translation companies having more experience with foreign affairs matters than Attorneys or Barristers-solicitors have promoted, to their business profit, the idea or “Vox Populi” that everything needs to be translated and Apostilled. There is some true behind this statement but in Europe is only valid, and sometimes, if using the Central Authority of the different countries Ministries of Justice for Service of Process or Letters of request for Subpoenas. An intermediary or a “Private Legal Service Provider” has many advantages: Customer service, English language, you do not need expensive translations nor Apostilles. Please verify this information about the obligatorily of at the Hague Convention website by clicking here or read this document resulting from their research.

Presenting a letter of request to the Central Authority is simple, our Court certified or foreign affairs department approved translators will complete any extra information required by the official application. Our Barristers-Solicitors will represent you in the instance and remove, when possible, obstacles. In some cases and under certain circumstances, we can present to the local Jurisdiction a petition and obtain: “Preventive measures”.

The main difference between one and another method is the in the obligation to respond of the Subpoena addressee. The private request is voluntary, the addressee might not respond to the subpoena and by “Letter of request” even if it is mandatory, in practice good results are scattered. The methods is very slow, even though receives a priority treatment, because European Courts are congested.

The established system of letters of request can be catalyzed and accelerated by legal tactics and varies with the Jurisdiction or laws of procedure. We propose a hybrid method, a parallel system of serving subpoenas. It is possible and legal, where a “Letter of Request” is sent to the Central Authority of the Jurisdiction where evidence is to obtain. During this slow procedure, the receipt of submission is served to the addressee along with a letter summarizing the case and the consequences that carries in the Judging jurisdiction of not responding to the subpoena. This parallel system is dissuasive and brings results, if a voluntary response to the private service results them the information can be submitted to the Central Authority for ratification. If opposition results even when us as Barrister-Solicitor will do what is necessary to remove obstacles, then you will need to wait for the official result of the “Letter of Request” having the advantage that we will be monitor their procedure.

Depositions

There are tree ways to go to obtain Civil and Commercial depositions in Europe:

a. Official channel of the Central Authority and local Courts by Letters of Request. Slow and full of “Red tape” is the method of excellence for “Non Voluntary” and “Trial depositions”. It is not recommended, since often not accepted in Pretrial or for Arbitration.

b. Consular deposition are an alternative, with this method the consular representative acts as commissioner of Oaths and will take a deposition. Consulates are located in main cities, deposant must travel to the premises and often fails because a “Voluntary deposant” is not willing to travel for nothing, loose time or other. Paying his expenses can result in a “Bribe”. Consular agents are very limited in their actuation, closed for local and foreign Holidays, have certain working hours..... and are not available for emergencies.

c. Private taking of depositions. This is one of our specialties, we take depositions anywhere within the eastern and western Europe including Ex-USSR, Hague Convention signatories or not, Civil or Commercial, Trial or Pretrial, Judicial or extra Judicial. The only requirement is that you Court designs us as “Commissioner of Oaths” in our condition of Citizens of your country and registered Barristers-Solicitors abroad .

Document and Records Retrieval

This is another service we propose, please consult us so we can research about regulation governing the access to the information you are looking for.

Photographic and Video evidence

There is no need to ask for special Jurisdictional authorizations if the evidence is expose to the public. Other cases require voluntary granting of access and thereto, as for document retrieval please consult of before engaging in other ways of obtaining evidence.

Da mihi factum dabo tibi jus...


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