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Inbound and Outbound Requests For Service of Judicial Documents

This document outlines the process for serving judicial documents through inbound and outbound requests according to the Hague Service Convention. It involves forwarding requests from requesting states to be processed for compliance. If compliant, the documents are served and a certificate of service is issued. For outbound requests from courts, documents to be served abroad are filed with a motion and transmitted through central authorities who attempt service and return certificates to confirm completion. Non-compliant requests may be objected to or denied.

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Elyn Apiado
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154 views3 pages

Inbound and Outbound Requests For Service of Judicial Documents

This document outlines the process for serving judicial documents through inbound and outbound requests according to the Hague Service Convention. It involves forwarding requests from requesting states to be processed for compliance. If compliant, the documents are served and a certificate of service is issued. For outbound requests from courts, documents to be served abroad are filed with a motion and transmitted through central authorities who attempt service and return certificates to confirm completion. Non-compliant requests may be objected to or denied.

Uploaded by

Elyn Apiado
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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INBOUND REQUESTS FOR SERVICE OF JUDICIAL DOCUMENTS

ACCOMPLISHES the Request in accordance with


the Hague Service Convention
The Request and its attachments should be
accomplished/translated in English or Filipino

Forwarding
Authority of the
Requesting State
PAYS US $100 for costs of service
RECEIVES
Certificate
(End of Request)

Does the Request comply with the


Hague Service Convention and NO
YES the Guidelines?

PROCESSES the Request ISSUES notice of deficiency,


objection, or denial and SENDS the
notice to the FORWARDING
Authority

TRANSMITS the Request and


accompanying documents to the judge
having jurisdiction over the address RECEIVES a copy
indicated in the Request of the transmitted
Certificate

The Judge RECEIVES the Request, and ASSIGNS a sheriff, process


server, or other competent personnel to personally serve the document

Assigned officer SERVES the document to the addressee

Assigned officer SUBMITS a return of service within 5 days from service

The Judge ACCOMPLISHES and SIGNS the Certificate, and


thereafter TRANSMITS the same, together with the attachments, to the
Forwarding Authority of the Requesting State, copy-furnished the OCA
OUTBOUND REQUESTS FOR SERVICE OF JUDICIAL DOCUMENTS

Applicant FILES a motion for extraterritorial service under the Hague Service Convention,
accompanied in duplicate by the following:
 The Model Form (Request, Certificate, and Summary of Documents with Warning)
 The original documents to be served or certified true copies, including annexes
 Certified translations of the Model Form and documents, where necessary
 An undertaking to pay any fees associated with the service of the documents
 Any other requirements of the Requested State

When warranted, the Court ISSUED an Order granting extraterritorial service in accordance
with the Rules of Court, including a directive to the requesting party to procure and submit a
prepaid courier pouch.

The Judge (lower courts)/Justice of Clerk of Court (collegiate court) ACCOMPLISHES and
SIGNS the Request using the Model Form, CHECKS the completeness of documents, and
ENSURE compliance with all requirements

The Court TRANSMITS the following to the


Central Authority of the Requested State:
 Order for extraterritorial service
 Filled-out Request, Summary of Document to be RECEIVES the
served, and Warning Certificate or Notice of
 A blank Certificate
 The documents to be served Objection or Denial from
 Certified translations of the Model Form and all the Requested State and
accompanying documents, whenever necessary INFORMS the OCA of the
 Any other requirement result.
(End of Request)
The Court shall also furnish OCA with a copy
of the Request

RECEIVES a copy of the Request RECEIVES updates on


and documents transmitted the status of the request

Central Authority of the Requested State


RECEIVES the Request and the
accompanying documents

Is the Request in YES Central Authority


accordance with the ATTEMPTS service, and
Hague Service
Convention?
thereafter TRANSMITS to
the requesting court a
Certificate confirming
NO
service of the document

Central Authority DECLINES or


OBJECTS to the Request

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