SERVICE OF PROCESS – HAGUE SERVICE CONVENTION

Spain is a party to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. Spain does not object to the alternative methods of service provided under Article 10 of the Hague Service Convention.

FORMAL SERVICE

Spain is a party to the Hague Service Convention, which establishes channels for the transmission of judicial and extrajudicial documents for service between participating countries. For service through the Convention, Spain’s Central Authority forwards the request to the Dean Judge (Juzgado Decano) in the relevant judicial district, which assigns it to the appropriate Court of First Instance for service in accordance with Spanish law. Under Article 5(1)(b), a specific method of service may be requested if it is not incompatible with Spanish law as well as the state addressed. Service requests in Spain are generally processed between two to three months.

At Process Service Network, our experienced team is always ready to assist you with requests that comply with the requirements of the requesting State and court and also those of the requested State.

INFORMAL SERVICE

It is important to bear in mind that informal service does not mean unofficial service or service outside the scope of Hague Service Convention.

Service effected through alternative channels under Article 10 (commonly known as informal service) are just as legally valid as service completed through the Central Authority under article 5 of the Hague service convention. In Spain, informal service may may involve Spanish judicial and governmental authorities. Spain does not object to the alternative methods of service provided under Article 10 of the Hague Service Convention. Accordingly, depending on the circumstances, judicial documents may be transmitted by postal channels under Article 10(a), or service may be arranged directly through appropriate judicial officers, officials, or other competent persons in Spain under Articles 10(b) and 10(c). These alternative methods may allow service to proceed without transmission through Spain’s Central Authority.

SERVICE BY PUBLICATION

Service by Publication is an alternative to personal service when a defendant's address is not known. Your court will require that you conduct a Due Diligence Search before issuing a court order allowing for service by publication. We handle the entire process, including the due diligence search affidavit, and preparing the Application and Order for Publication. We will provide all forms necessary for you to submit to your local court. Once the Order is signed by the judge, we will publish the entire file for one low rate of $995.00 and provide Proof of Publication.

OBTAINING EVIDENCE IN CIVIL AND COMMERCIAL MATTERS – HAGUE EVIDENCE CONVENTION

Spain is a party to the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters. The Spanish Central Authority designated to receive Letters of Request under the Hague Evidence Convention is the Ministry of Justice. Letters of Request seeking the taking of evidence may be transmitted directly by the requesting court or judicial authority in the United States to the Spanish Central Authority and do not require transmission through diplomatic channels. Furthermore, Spain permits the taking of evidence by video-link under the Hague Evidence Convention.

LETTERS OF REQUEST

Under Chapter I of the Hague Evidence Convention, Letters of Request are transmitted directly by a judicial authority in the requesting state to Spain’s Central Authority. The request and accompanying documents must be submitted in Spanish or accompanied by Spanish translations. The approximate time for execution is 2 to 6 months.

VOLUNTARY TAKING OF DEPOSITIONS OF WILLING WITNESSES

Voluntary depositions may be conducted in Spain, regardless of the witness's nationality, provided no element of compulsion is involved. In civil matters, oral depositions and depositions upon written questions may be taken before U.S. consular officers or private attorneys from either the United States or Spain at the U.S. Embassy or Consulate General, pursuant to a commission or upon notice. Where a U.S. consular officer is required to administer oaths to a witness, interpreter, or stenographer, arrangements must be made in advance with the appropriate U.S. Embassy or Consulate General. Pursuant to Spain's declarations under the Hague Evidence Convention, private attorneys conducting depositions by commission must hold the proceedings at the U.S. Embassy or Consulate General, as depositions at alternate locations are not permitted. Requests for the taking of evidence through the Spanish Central Authority must be submitted in accordance with the procedures prescribed by the Hague Evidence Convention.

LETTERS ROGATORY

Letters Rogatory is used for obtaining evidence, depositions or serving documents across countries which are not signers of the Hague Service Convention or Hague Evidence Convention. It can be either the sending country or receiving country, or both, that are not signatories to the relevant convention. They are a request from a court in a country to a court in another country requesting international judicial assistance related to service of process. This method is time consuming, cumbersome, and should be used only when other options are not available. The use of this method may result in habitual time delays of up to 1 year in the execution of requests. This method should only be used if no treaty is in force or if you are serving a Subpoena. The letters are usually transmitted through diplomatic channels. Letters Rogatory are not required for proceeding originating in U.S. courts, as both the United States and Italy are parties to the Hague Service Convention.

For cases originating in other countries, please contact us for details.

TRANSLATIONS

Most countries require documents to be translated into the official language of the country where service is to be effected. In Spain, Article 144 of the Spanish Procedural Law requires documents drafted in a foreign language to be accompanied by a Spanish translation. Accordingly, the Spanish Central Authority requires Spanish translations of Hague Service requests.

ABOUT US

Process Service Network provides international process service throughout the world, including Italy. Depending on the nature of the documents, the applicable jurisdiction, and your specific requirements, we can arrange for service through the Hague service convention or through our international network of professional process servers and local service providers, or by another appropriate methods permitted under the laws of Italy.

Process Service Network specializes in process service in Spain and has process servers in every area of the country, including Madrid. We are one of the few firms that handle international service of process and investigations, and offer competitive rates. We have been in business since 1978 and have developed close working relationships with key individuals in most countries throughout the world. The founder and CEO of Process Service Network was a Political Science major in college with a focus on international relations and is actively involved in a worldwide organization through which he has developed business and personal relationships in over 80 nations worldwide. He is also an International Circle member of the World Affairs Council and an Associate Member of the American Bar Association (ABA).

Unlike some of our competitors who claim to be experts, we actually are familiar with the laws, customs and current practices in the countries where documents are to be served. With offices in several countries, serving major regions around the world, we stay on top of current events and service strategies. Our personal relationships and close dealings with the judicial authorities in the U.S. Department of State and many countries allow us to have a better understanding of their procedures and requirements.