Notification of Acts in the United States: how it works

In order to ensure legal knowledge of a deed to a person in the USA, a particular procedure established by law must be followed. 

There are three ways of providing service:

> the consular procedure that is only applicable to Italian citizens

> the procedure under art. 5 lett. A) and the procedure under art. 10 lett. A) of the Hague Convention must be used instead with regard to US citizens.

Here is how to proceed in individual cases.

The Consular Procedure

Service is to be requested, free of charge, by the judicial officer. The territorially authorised diplomatic-consular Representations receive two copies of the document; after the necessary formalities have been carried out, one copy is sent to the requesting judicial authority, together with the documentation certifying service or non-delivery.

The procedure under Art. 5 lit. A) of the 1965 Hague Convention

To serve a judicial document to a person residing in the USA, it is necessary to apply to the Ministry of Justice through the Italian judicial officers. The US authority will take care of serving the document:

> either by following the procedure provided for by US legislation

> or using the particular form requested by the applicant, provided that it is not incompatible with US law.

The application for service must be:

> drawn up according to the appropriate form annexed to the Hague Convention

> accompanied by the court document 

> produced in duplicate.

The judicial officer forwards it to the Ministry of Justice, which has outsourced the service of civil and commercial documents from foreign countries to Process Forwarding International in Seattle, a private company ( http://www.hagueservice.net).

The procedure under Article 10 (A) of the 1965 Hague Convention

The third method involves the direct service of judicial documents by ordinary registered mail. The United States has not raised any opposition or reservation against this procedure, which is therefore admitted to all intents and purposes.

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This article; “Service of documents in the United States: how does it works'' is provided courtesy of Studio Legale Palmigiano.

This article Service of documents in the United States: how does it works is provided courtesy of Studio Legale Palmigiano.