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Maltese Laws |
LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS) ACT
To enable Malta to ratify the international conventions on the service abroad of judicial and extrajudicial documents, on the taking of evidence abroad in civil or commercial matters, on international access to justice, and on the enforcement of judgments in civil and commercial matters.
1st August, 2006
ACT IV of 2002, as amended by Acts III and XIII of 2004, and III of
2006.
PART I
PRELIMINARY
(Ratification of Conventions) Act.
''central authority'' means the Authority appointed under article
Short title. Interpretation.
Amended by:
III. 2006.18.
4;
''Contracting State'', in relation to any or all the Conventions, and
for the purposes of all or any of the Conventions as hav ing the force of law in Malta, means those States, other than Malta, as shall
from time to time be specified by the Minister by an order made under article 3;
''C onventions'' coll ectively means The Ha gue Conv ention of
1965, The Hague Convention of 1970, and The Hague Convention of 1980;
''The Hague Convention of 1965'' means the Convention on the Service Abroad of Judicial and Extrajudicial Documents
in Civil or Commercial Matters which was signed at The Hague on the 15th November, 1965, the text of which Convention is set out
in Part A of the First Schedule to this Act;
''The Hague Convention of 1970'' means the Convention on the Taking of Evidence Abroad in Civil or Commercial Matters
which was signed at The Hague on 18th March, 1970, the text of which Convention is set out in Part B of the First Schedule to this
Act;
''The Hague Convention of 1980'' means the Convention on the
International Access to Justice which was signed at The Hague on
25th October, 1980, the text of which Convention is set out in Part
C of the First Schedule to this Act;
''Malta'' has the same meaning assigned to it by article 124 of the
Constitution;
''Minister'' means the Minister responsible for Justice;
''Non-Contra c ting S t ate'' me an s any S t at e wh ich is not a
Contracting State;
''prescribed'' means pr escribed by regulations made by the
Minister under this Act.
Contracting States. 3. (1) The Minister may, by order in the Gazette, from time to time specify the Cont racting St ates, other than Malta, for the purposes of any or all the Conventions.
(2) Such order shall specify the date of coming into force of th e particul ar Convent ion, as b e t w een Malta and any S t ate
specified in the order.
(3) Where a particular Convention applies, or applies only, to a particular territory or particular territories specified in a
declaration made by a Contracting State, references to that State in subarticles (1) and (2) shall be construed as references to
that territory or those territories -
(a) under Article 29 of The Hague Convention of 1965; or (b) under Article 40 of The Hague Convention of 1970; or (c) under Article 32 or 33 of The Hague Convention of
1980,
as the case may be.
Central authority.
Amended by:
III. 2006.19.
Scope of applicability. Amended by: III. 2004.58.
(2) The central authority shall also have the functions, powers and duties assigned to it by or under this Act.
PART II
THE HAGUE CONVENTION ON THE SERVICE ABROAD OF JUDICIAL AND EXTRAJUDICIAL DOCUMENTS IN CIVIL OR COMMERCIAL MATTERS
(5TH NOVEMBER, 1965)
(2) Documents which fall under the provisions of this Part of this Act, and which originate in Malta, shall be transmitted -
(a) directly by the central authority, in the case of extrajudicial documents; and
(b) by the Registrar of Courts, to the central authority, in the case of judicial documents,
and, subject to the provisions of this Part of this Act, the central aut hority shall transmit back the decision to the authority
concerned.
(3) The Minister may make rules with respect to the charging of fees and the reimbursement of costs incurred by the central authority
in the transmission of documents under this Act.
(2) The central authority shall in each case of a request for service made under this Part of this Act determine the costs, if any, occasioned by the services rendered by the central authority and permitted to be charged to the applicant pursuant to Article 12 of The Hague Convention of 1965.
Central authority to transmit reports for service.
(a) article 187(1), (2), (4) or (7) of the Code of Organization and Civil Procedure, as the circumstan- ces of the case may require:
Provided that the reference to curators appointed by the court in the said article 187(7) shall not apply; or
(b) article 187(8) of the Code of Organization and Civil
Procedure:
Provided that the proviso to the said article 187(8)
shall not apply,
as the cent ral aut hority may deem fit to specify in the circumstances of each case.
Method of service.
Cap. 12.
Cap. 12.
Declaration and objections. Amended by:
III. 2004.59.
Applicability of articles.
(2) The provisions of article 16 shall apply in all cases, in civil or comm er ci al matters, wh er e th ere is occasion to transmit
a judicial or extrajudicial document originating in Malta for service in a Non-Contracting State.
(3) In either case, where the address of the person to be served with the document is not known, the central authority shall refuse
to accept the document for transmission.
(4) The provisions of this article shall not be construed as im po si ng an ob l i g a t i o n on the central authority
to exercis e its functions under any of the provisions of this Part of this Act.
Report for service. 10. (1) The authority or judicial officer or person competent under the law of the Non-Contracting State in which the documents originate, hereinafter referred to as ''the applicant'', shall forward to the central authority a request for service in the form set out in Part A of the Third Schedule to this Act, without any requirement or equivalent formality, other than is provided in the said Part A of the Third Schedule.
(2) (a) 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 and, if not in the English language, shall be accompanied by two certified translations thereof in the English language.
(b) For the purposes of this subarticle, ''certified translation'' shall mean a translation certified
as a true and correct translation of the original by the diplomatic or consular representative of the Government of Malta in th e
St ate i n w h i c h th e requ est and, or do cu ment originates.
Non-compliance. 11. If the central authority considers that the request does not comply with the provisions of article 10, it shall promptly inform the applicant and specify its objections to the request.
Method of service. 12. (1) The document shall be served in accordance with the rules contained in article 5, which shall, mutatis mutandis, apply.
(2) That part of the request which contains a summary of the document to be served, shall be served with the document, in the form
set out in the Third Schedule to this Act.
Certificate of service.
(2) 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 state such fact and
set out the reasons which have prevented service. The certificate shall also
state the particulars of charges for costs for the services rendered by the central authority, determined as provided in article 14.
(3) The certificate shall be forwarded directly by the central authority to the person who has applied for service.
(2) The central authority shall, in case of refusal, promptly inform the applicant and state the reason for the refusal.
Costs of services.
Refusal to comply with request for service.
(a) through the Registrar of Courts, in the case of judicial documents, in accordance with such rules as may be prescribed; and
(b) through the applicant, in the case of extrajudicial documents, who shall deposit, in the office of the central
authority, an authenticated copy of the document in the language of the Contracting State, other than Malta,
where the document is to be transmitted.
PART III
THE HAGUE CONVENTION ON THE TAKING OF EVIDENCE ABROAD IN
CIVIL OR COMMERCIAL MATTERS
(18TH MARCH, 1970)
Transmission of requests for service and documents to Non-Contracting States.
Scope of applicability.
Functions and jurisdiction.
which shall transmit the same to the competent court by means of an application.
(2) The First Hall of the Civil Court and, where the witness resides in Gozo, the Court of Magistrates (Gozo) in its superior jurisdiction
or any other court which the Minister may by order designate from time to time, shall have jurisdiction to execute letters of request,
coming from a judicial authority of a Contracting State, made under The Hague Convention of 1970.
Execution of letters of request.
Non-applicability of certain articles. Cap. 12.
1970, the judicial personnel of the authorities requesting execution
of a letter of request made under The Hague Convention of 1970 may, if auth orised by the cen t ral auth ority, be present at th e
execution of the letter of request.
620 and 622(2) of the Code of Organization and Civil Procedure shall not apply, for Non-Contracting States, in the execution of letters of request sent by the judicial authority of a Contracting
State made under The Hague Convention of 1970.
(2) The Minister may, by rules made under this article, set up the procedure to be followed in the case of letters of request made
by a C o ntracting St ate, other than Malta, for the e vidence of a person residing in Malta.
(3) Subject to the provisions of subarticles (1) and (2), the co ur t sh all tr ansmi t the let t er of r e quest , eith
er di rectl y to the central authorit y of th e requesting St ate or through the central authority of Malta.
Reservation. Amended by: III. 2004.60.
Scope of applicability.
PART IV
THE HAGUE CONVENTION ON INTERNATIONAL ACCESS TO JUSTICE
(25TH OCTOBER, 1980)
Hague Convention of 1980 shall have the force of law in Malta.
(2) Subject to the provisions of articles 23 to 26, and subject to t h e reserv atio n m a de thereto by Malt a, and rep r od
uced in the Fourth Schedule to this Act, the provisions of Chapter I of The Hague Convention of 1980 shall have the force of law
in Malta.
(3) Where the applicant for legal aid resides abroad, there shall be required to be sent to the central authority a certificate,
issued by th e tr ansmitting authority appo inted under Article 4 of The H agu e Co nv ent ion o f 19 80 , con fi rming that the
applicant is so entitled, and the central authority shall, by means of an application,
request the competent court to confirm that the applicant is entitled to legal aid.
(4) Where the applicant resides in Malta, the applicant shall personally request the central authority to apply on his behalf to
the central authority abroad, by means of an application together with a certificate, issued by the transmitting authority appointed
under A r ticle 4 o f The Hague Conv ent i on of 1 980, sh owin g th at the applicant is so entitled to legal aid, under the provisions
of The Hague Convention of 1980.
(a) either give its decree in camera; or
(b) give its decree in a public sitting, after hearing the parties,
as to the admission or rejection of the application.
(2) The determination of the Civil Court shall be final.
Central authority.
Jurisdiction.
25. In the case where the applicant is admitted to the benefit of l e g a l aid , th e pro v isi ons o f art i cles 91 8 t o 9 26 of the Code of Organization and Civil Procedure shall apply.
(2) The central authority shall have the power to reach a final decision on applications forwarded to it by transmitting authorities
of other Contracting States, or in any other manner, specified in A r ticle 1 6 of The Hague Conve ntion of 1 980, for rend erin
g enforceable orders to which Article 16 of The Hague Convention of
19 80 ap pl i e s, an d for t h e p u rp oses of Chapter II of t h e sai d
Convention, the central authorit y shall also be the competent authority to determine such applications.
(3) For the purposes of rendering the determination of the applications referred to in subarticle (2) an executive title,
it shall be sufficient for the purposes of this Act for the applicant or the central authority -
Procedure on admission to legal aid.
Cap. 12.
Transmitting authority.
Scope of applicability.
Central authority.
Cap. 12.
(a) to request repayment of the security for costs; or
(b) to request an order for costs,
by judicial letter filed in the Registry of the Civil Court, First Hall, accompanied by an official copy of the decision of the competent
authority.
(4) Subject to the provisions of subarticle (3), the determination shall constitute an executive title within
the meaning and for the purposes of Title VII of Part I of Book Second of the Code of Organization and Civil Procedure.
(5) There shall be no right of appeal against the decision of the competent authority in the cases referred to in this article.
Part V - articles 29 to 40 (both inclusive) - deleted by Act III.
2006.20.
PART VI
GENERAL PROVISIONS
Regulations. 41. (1) The Minister may make regulations prescribing anything that in virtue of this Act is required to be prescribed and generally for carrying out the provisions of this Act.
(2) Without prejudice to the generality of subarticle (1), regulations may, in particular, be made to establish the criteria
to be applied by the central authority in determining the costs incurred by it in accordance with the provisions of article 14.
(3) Without prejudice to the generality of subarticle (1), such regulations may, mutatis mutandis, make provision with respect to the procedure on applications to a court under any provision of Part V of this Act and with respect
to the documents and information to be furnished and the notices to be given in connection with any such application.
Conflict between texts.
Ratification of
Conventions.
(Articles 2 and 42)
The States signatory to the present Convention,
Desiring to create appropriate means to ensure that judicial and extrajudicial documents to be served abroad shall be brought to the
notice of the addressee in sufficient time,
Desiring to improve the organisation of mutual judicial assistance for that purpose by simplifying and expediting the procedure,
Have resolved to conclude a Convention to this effect and have agreed upon the following provisions:
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.
Article 2
Each Contracting State shall designate a Central Authority which will undertake to receive requests for service coming from other
Contracting States and to proceed in conformity with the provisions 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 documents originate shall forward to 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 considers that th e request do es not comply with th e
provisions of the present Convention it shall promptly inform the applicant and specify its objections to the request.
Article 5
The Central Authority of the State addressed shall itself serve the document or shall arrange to have it 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
(b) by a particular method requested by the applicant, unless such a method is incompatible 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 addressee
who accepts it voluntarily.
If the d o cument is to b e served un de r th e first paragrap h above, the Cen t ral 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 con t ai ns a su mmary o f th e do cumen t to be served,
shall be se rved with the document.
Article 6
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 deli vered. If th e docu ment 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 offi cia l la ng ua ge , o r i n on e of th e offi cia l la ng ua ges , o f t he St ate i n w hi ch t
he documents originate.
The corresponding 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 person s abroad, wit hou t app licatio n o f any
co mpul sion , di rectl y t h rou gh 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
originate.
Article 9
Each Contracting State shall be free, in addition, to use consular ch annels to forward docum ents, for the purp o se of service,
to those aut hori ties of anoth e r Contracting State which are designated by the latter for this purpose.
Each Contracting S t ate may, if excep tional circumstances so require, use diplomatic channels for the same purpose.
Article 10
Provided the State of destination does not object, the present Convention shall not interfere 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 proceeding 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 tran sm issi on ot her th an t h o s e prov i d ed for in the prece ding Articles a n d, in particular, direct communication between their respective authorities.
Article 12
The service of judicial documents coming from a Contracting State shall not give rise to any payment or reimbursement of taxes or
costs for the services rendered by the State addressed.
The applicant shall pay or reimburse the costs 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 complies with the terms of the present Convention, the State addressed may refuse to comply therewith
only if it deems that compliance would infringe its sovereignty or security.
It may not refuse to comply solely 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 case of refusal, promptly inform the applicant and state the reasons for the refusal.
Article 14
Diff iculties which may arise in connect ion with the transm ission of jud i cial documents for service shall be settled through diplomatic channels.
Article 15
Where a writ of summons or an equivalent document had to be transmitted abroad for the purpose of service, under the provisions of
the present Convention, and the defendant has not appeared, judgment shall not be given 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 defendant or to his residence by another method provided for by this Convention,
and that in either of these case s the service or the delivery wa s effected in sufficient time to enable the defendant to defend.
Each Contracting State shall be free to declare that the judge, notwithstanding the pr ovisions of the first paragr aph of th is Article
, may give ju dg ment even if no 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 adequate by the judge in the particular case, has elapsed since
the date of the transmission of the document,
(c) no certificate of any kind has been received, even though every reasonable effort has been made to obtain it through the
competent authorities of the State addressed.
Notwithstanding the provisions of the preceding paragraphs the judge may order, in case of urgency, any provisional or protective
measures.
Article 16
When a writ of summons or an equivalent document had to be transmitted abroad for the purpose of service, under the provisions of
the present Convention, and a judgment has been entered against a defendant who has not appeared, the judge shall have the power
to relieve the defendant from the effects of the expiration of the time for appeal from the judgment if the following conditions
are fulfilled -
(a) the defendant, 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
the merits.
An application for relief may be filed only within a reasonable time after the defendant has knowledge of the judgment.
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 less than one year following the date of the judgment.
This Article shall not apply to judgments concerning status or capacity of persons.
Article 17
Extrajudicial documents emanating from authorities and judicial officers of a Contracting S t ate may be transmitted fo r the purp o se o f servi c e in anot her Cont ract in g S t at e b y t h e m e th od s and un der th e prov isio ns o f t h e pre s en t Convention.
Article 18
Each Contracting State may designate other authorities in addition to the Central
Authority and shall determine the extent 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 designate more than one Central Authority.
Article 19
To the ex tent t hat the intern al law o f a Con tractin g State perm its m ethods o f 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 affect such provisions.
Article 20
The present Convention shall not prevent an agreement between any two or more
Contracting States to dispense with -
(a) the necessity for duplicate copies of 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 provisions of the fourth paragraph of Article 5, (d) the provisions of the second paragraph of Article 12.
Article 21
Each Contracti ng St ate shall, at th e ti m e of the dep o si t of it s instrumen t 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, pursuant to Articles 2 and 18,
(b) the designation of the authority competent to complete the certificate pursuant to Article 6,
(c) the designation of the authority competent to receive documents transmitted by consular channels, pursuant to Article 9.
Each Contracting State shall similarly inform the Ministry, where appropriate, of - (a) opposition to the use of methods
of transmission pursuant to
Articles 8 and 10,
(b) declarations pursuant to the second paragraph of Article 15 and the third paragraph of Article 16,
(c) all modifications of the above designations, oppositions and declarations.
Article 22
Where Parties to the present Convention are also Parties to one or both of the Conventions 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 Conventions.
Article 23
Th e pr esen t Co nven t i o n shal l not aff e ct t h e ap pl icatio n of Ar ti cl e 2 3 of th e
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 these Conventions, are used.
Article 24
Supplementary agreements between Parties to the Conventions of 1905 and 1954 shall be co nsidered as equal ly appl icab le to the present Convent ion, unl ess the Parties have otherwise agreed.
Article 25
Without prejudice to the provisions of Articles 22 and 24, the present Convention shall not derogate from Conventions containing provisions on the matters governed by this Convention to which the Contracting States are, or shall become, Parties.
Article 26
The present Convention shall be open for signature by the States represented at the
Tenth Session of the Hague Conference on Private International Law.
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 ratifies subsequently on the sixtieth day 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 accordance with the first paragr aph 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 ob jection fr om a State, whic h has ratified th e Convention
be fore such de po sit, 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 periods referred to in the preceding paragraph.
Article 29
Any State may, at the time of signature, ratification or accession, declare that the present Convention shall extend to all 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 da y afte r the notification
referred to in th e pr ecedin g paragraph.
Article 30
The present Convention shall remain in force for five years from the date of its entry into force in accordance with the first paragraph
of Article 27, even for States which have ratified it or acceded to it subsequently.
If there has been no denunciation, it shall be renewed tacitly every five years.
Any denunciation shall be notified to the Ministry of Fo rei gn 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 accordance with
Article 28, of the following -
(a) the signatures and ratifications referred to in Article 26;
(b) the date on which the present Convention enters into force in accordance with the first paragraph of Article 27;
(c) the accessions referred to in Article 28 and the dates on which they take effect;
(d) the extensions referred to in Article 29 and the dates on which they take effect;
21;
(e) the designations, oppositions and declarations referred to in Article
(f) the denunciations referred to in the third paragraph of Article 30.
In witness whereof the undersigned, being duly authorised thereto, have signed the present Convention.
Done at The Hague, on the 15th day of November, 1965, in the English and French lan guag e s, bot h t e xts bein g eq uall y au then
ti c, in a sin g le copy wh ich shall be deposited in the archives of the Government of the Netherlands, and of which a certified
copy shall be sent, through the diplomatic channel, to each of the States represented at the Tenth Session of the Hague Conference
on Private International Law.
Identity and address
of the applicant
Address of receiving
authority
The undersigned applicant has t h e ho nou r t o transmi t - in du plicat e - the documents listed below and, in conformity with Article
5 of the above-mentioned Convention, requests prompt service of one copy thereof on the addressee, i.e,
(identity and address)
...……………………………….....……………………………………………
……………………………………….....………………………………………
(a) in accordance with the provisions of sub-paragraph (a) of the first paragraph of Article 5 of the Convention*.
(b) in accordance with the following particular method (sub-paragraph
(b) of the first paragraph of Article 5)*:
...……………………………….....……………………………………………
……………………………………….....………………………………………
(c) by delivery to the addressee, if he accepts 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 annexes* - with a certificate
as provided on the reverse side.
List of documents
…………………………………………………………………………………
…………………………………………………………………………………
………………………………………………………………………………… Done at ..........................,
the ........................
Signature and/or stamp.
* Delete if inappropriate.
Preamble
The States signatory to the present Convention,
Desiring to facilitate the transmission and execution of Letters of Request and to further the accommodation of the different methods
which they use for this purpose,
Desiring to improve mutual judicial co-operation in civil or commercial matters,
Have resolved to conclude a Convention to this effect and have agreed upon the following provisions:
Article 1
In civil or commercial matters a judicial authority of a Contracting State may, in accordance with the provisions of the law of that
St ate, request the compet ent authority of another Contracting State, by means of a Letter of Request, to obtain evidence, or to
perform some other judicial act.
A Letter shall not be used to obtain evidence which is not intended for use in judicial proceedings, commenced or contemplated.
The express i on "other judicial a c t" does not cover the service of judicial documents or the issuance of any process
by which judgments or orders are executed or enforced, or orders for provisional or protective measures.
Article 2
A Contracting State shall designate a Central Authority which will undertake to receive Letters of Request coming from a judicial
authority of another Contracting State and to transmit them to the authority competent to execute them. Each State shall organize
the Central Authority in accordance with its own law.
Letters shall be sent to the Central Authority of the State of execution without being transmitted through any other authority of
that State.
A Letter of Request shall specify -
Article 3
(a) the authority requesting its execution and the authority requested to execute it, if known to the requesting authority;
(b) the names and addresses of the parties to the proceedings and their representatives, if any;
(c) the nature of the proceedings for which the evidence is required, giving all necessary information in regard thereto;
(d) the evidence to be obtained or other judicial act to be performed. Where appropriate, the Letter shall specify, inter alia
-
(e) the names and addresses of the persons to be examined;
(f) the questions to be put to the persons to be examined or a statement of the subject-matter about which they are to be examined;
(g) the documents or other property, real or personal, to be inspected; (h) any requirement that the evidence is
to be given on oath or
affirmation, and any special form to be used;
(i) any special method or procedure to be followed under Article 9.
A Letter may also mention any information necessa ry for the application of
Article 11.
No legalization or other like formality may be required.
Article 4
A Letter of Request shall be in the language of the authority requested to execute it or be accompanied by a translation into that
language.
Nevertheless, a Contracting State shall accept a Letter in either English or French, or a tr ansl atio n in to on e o f th ese l ang
uage s, un less i t has mad e t he reser vat io n authorized by Article 33.
A Contracting State which has more than one official language and cannot, for reasons of internal law, accept Letters in one of these
languages for the whole of its territory, shall, by declaration, specify the language in which the Letter or translation thereof
shall be expressed for execution in the specified parts of its territory. In case of failure to comply with this declaration, without
justifiable excuse, the costs of translation into the required language shall be borne by the State of origin.
A Contracting State may, by declaration, specify the language or languages other than those referred to in the preceding paragraphs,
in which a Letter may be sent to its Central Authority.
Any translation accompanying a Letter shall be certified as correct, either by a diplomatic officer or consular agent or by a sworn
translator or by any other person so authorized in either State.
Article 5
If the Central Authority considers that th e request do es not comply with th e provisions of the present Convention, it shall promptly inform the authority of the State of origin which transmitted the Letter of Request, specifying the objections to the Letter.
Article 6
If the authority to whom a Letter of Request has been transmitted is not competent to execute it, the Letter shall be sent forthwith to the authority in the same State which is competent to execute it in accordance with the provisions of its own law.
Article 7
The requesting authority shall, if it so desires, be informed of the time when, and the place where, the proceedings will take place, in order that the parties concerned, and their representatives, if any, may be present. This information shall be sent directly to the parties or their representatives when the authority of the State of origin so requests.
Article 8
A Contracting State may declare that members of the judicial personnel of the requesting authority of another Contracting State may be present at the execution of a Letter of Request. Prior authorization by the competent authority designated by the declaring State may be required.
Article 9
The judicial authority which executes a Letter of Request shall apply its own law as to the methods and procedures to be followed.
However, it will follow a request of the requesting authority that a special method or procedure be followed, unless this is incompatible
with the internal law of the State of execution or is impossible of performance by reason of its internal practice and procedure
or by reason of practical difficulties.
A Letter of Request shall be executed expeditiously.
Article 10
In execu ting a Letter of Req u est t h e requ ested autho r ity shall app l y th e appropriate measures of compulsion in the instances and to the same extent as are provided by its internal law for the execution of orders issued by the authorities of its own country or of requests made by parties in internal proceedings.
Article 11
In the execution of a Letter of Request the person concerned may refuse to give evidence in so far as he has a privilege or duty to
refuse to give the evidence -
(a) under the law of the State of execution; or
(b) under the law of the State of origin, and the privilege or duty has been specified in the Letter, or, at the instance of
the requested authority, has been otherwise confirmed to that authority by the requesting authority.
A Contracting State may declare that, in addition, it will respect privileges and duties existing under the law of States other than
the State of origin and the State of execution, to the extent specified in that declaration.
Article 12
The execution of a Letter of Request may be refused only to the extent that -
(a) in the State of execution the execution of the Letter does not fall within the functions of the judiciary; or
(b) the State addressed considers that its sovereignty or security would
be prejudiced thereby.
Execution may not be refused solely on the ground that under its internal law the State of execution claims exclusive jurisdiction
over the subject-matter of the action or that its internal law would not admit a right of action on it.
Article 13
The documents establishing the execution of the Letter of Request shall be sent by the requested authority to the requesting authority
by the same channel which was used by the latter.
In e v ery ins t ance where the Le tter is not exec uted in whol e or in part, the requesting authority shall be informed immediately
through the same channel and advised of the reasons.
Article 14
The execution of the Letter of Request shall not give rise to any reimbursement of taxes or costs of any nature.
Nevertheless, the State of execution has the right to require the State of origin to reimburse the fees paid to experts and interpreters
and the costs occasioned by the use of a special procedure requested by the State of origin under Article 9, paragraph
2.
Th e requ ested auth or ity who s e law ob lig e s th e par t ie s t h em se lv es to se cur e evidence, and which is not able itself
to execute the Lette r, may, after having obtained the consent of the requesting authority, appoint a suitable person to do so. When
seeking this consent the requested authority shall indicate the approximate costs which would result from this procedure. If the
requesting authority gives its consent it shall reimburse any costs incurred; without such consent the requesting authority shall
not be liable for the costs.
Article 15
In civil or commer c ial matters, a dipl omat ic officer or consular agent o f a Contracting State may, in the territory of another
Contracting State and within the area where he exercises his functions, take the evidence without compulsion of nationals of a State
which he represents in aid of proceedings commenced in the courts of a State which he represents.
A Contracting St ate m ay d eclare that evidence m ay be taken by a di plomatic officer or consular agent only if permission to that
effect is given upon application made by him or on his behalf to the appropriate authority designated by the declaring State.
Article 16
A diplomatic officer or consular agent of a Contracting State may, in the territory of another Contracting State and within the area
where he exercises his functions, also take the evidence, without compulsion, of nationals of the State in which he exercises his
functions or of a third State, in aid of proceedings commenced in the
courts of a State which he represents, if -
(a) a competent authority designated by the State in which he exercises his functions has given its permission
either generally or in the particular case, and
(b) he complies with the conditions which the competent authority has specified in the permission.
A Contracting State may declare that evidence may be taken under this Article without its prior permission.
Article 17
In civil or commercial matters, a person duly appointed as a commissioner for the purpose may, without compulsion, take evidence in
the territory of a Contracting State in aid of proceedings commenced in the courts of another Contracting State, if
-
(a) a competent authority designated by the State where the evidence is to be taken has given its permission either generally
or in the particular case; and
(b) he complies with the conditions which the competent authority has specified in the permission.
A Contracting State may declare that evidence may be taken under this Article without its prior permission.
Article 18
A C o ntra cting St ate may decla r e tha t a diploma tic officer, cons ula r a ge n t or commissioner authorized to take evidence
under Articles 15, 16 or 17, may apply to the competent authority designated by the declaring State for appropriate assistance to
obtain the evidence by compulsion. The declaration may contain such conditions as the declaring State may see fit to impose.
If the authority grants the application it shall apply any measures of compulsion which are appropriate and are prescribed by its
law for use in internal proceedings.
Article 19
The competent authority, in giving the permission referred to in Articles 15, 16 or
17 , or in granting th e application referred to in Ar ti cle 18, may lay do wn such conditions as it deems fit, inter alia, as to
the time and place of the taking of the
evidence. Similarly it may require that it be given reasonable advance notice of the time, date and place of the taking of the evidence;
in such a case a representative of the authority shall be entitled to be present at the taking of the evidence.
Article 20
In the taking of evidence under any Article of this Chapter persons concerned may be legally represented.
Where a diplomatic officer, consular agent or commissioner is authorized under
Articles 15, 16 or 17 to take evidence -
(a) he may take all kinds of evidence which are not incompatible with the law of the State where the evidence is taken or contrary
to any permission granted pursuant to the above Articles, and shall have power within such limits to administer an oath or take an
affirmation;
(b) a request to a person to appear or to give evidence shall, unless the recipient is a national of the State where the action
is pending, be drawn up in the language of the place where the evidence is taken or be accompanied by a translation into such language;
(c) the request shall inform the person that he may be legally represented and, in any State that has not filed a
declaration under Article 18, shall also inform him that he is not compelled to appear or to give evidence;
(d) the evidence may be taken in the manner provided by the law applicable to the court in which the action is pending provided
that such manner is not forbidden by the law of the State where the evidence is taken;
(e) a person requested to give evidence may invoke the privileges and duties to refuse to give the evidence contained in Article
11.
Article 22
The fact that an attempt to take evidence under the procedure laid down in this Chapter has fai led, owi ng t o t he refusal of a person t o gi ve evid ence, sh al l n ot prevent an application being subsequently made to take the evidence in accordance with Chapter I.
Article 23
A Contracting State may at the time of signature, ratification or accession, declare that it will not execute Letters of Request issued for the purpose of obtaining pre- trial discovery of documents as known in Common Law countries.
Article 24
A Contracting State may designate other authorities in addition to the Central Authority and shall determine the extent of their competence.
However, Letters of Request may in all cases be sent to the Central Authority.
Federal States shall be free to designate more than one Central Authority.
Article 25
A Contracting State which has more than one legal system may designate the aut h ori t i e s of on e of such systems, whic h sha l l have exclusive compe t e n ce to execute Letters of Request pursuant to this Convention.
Article 26
A Contracting State, if required to do so because of constitutional limitations, may request the reimbursement by the State of origin
of fees and costs, in connection with the execution of Letters of Request, for the service of process necessary to compel the appearance
of a person to give evidence, the costs of attendance of such persons, and the cost of any transcript of the evidence.
Where a State has made a request pursuan t to the above paragraph, any other Contracting State may request from that State the reimbursement
of similar fees and costs.
Article 27
The provisions of the present Convention shall not prevent a Contracting State from -
(a) declaring that Letters of Request may be transmitted to its judicial authorities through channels other than those provided
for in Article 2;
(b) permitting, by internal law or practice, any act provided for in this
Convention to be performed upon less restrictive conditions;
(c) permitting, by internal law or practice, methods of taking evidence other than those provided for in this Convention.
Article 28
The present Convention shall not prevent an agreement between any two or more
Contracting States to derogate from -
(a) the provisions of Article 2 with respect to methods of transmitting
Letters of Request;
(b) the provisions of Article 4 with respect to the languages which may be used;
(c) the provisions of Article 8 with respect to the presence of judicial personnel at the execution of Letters;
(d) the provisions of Article 11 with respect to the privileges and duties of witnesses to refuse to give evidence;
(e) the provisions of Article 13 with respect to the methods of returning executed Letters to the requesting authority;
(f) the provisions of Article 14 with respect to fees and costs; (g) the provisions of Chapter II.
Article 29
Between Parties to the present Convention who are also Parties to one or both of the Conventions on Civil Procedure signed at The
Hague on the 17th of July 1905 and the 1st of March 1954, this Convention shall replace Articles 8 - 16 of the earlier Conventions.
The prese n t C o nvention sha ll not a ffect the a p plicatio n of Art i cl e 23 o f t h e
Convention of 1905, or of Article 24 of the Convention of 1954.
Article 31
Supplementary Agreements between Parties to the Conventions of 1905 and 1954 shall be considered as equally applicable to the present Convention unless the Parties have otherwise agreed.
Article 32
Without prejudice to the provisions of Articles 29 and 31, the present Convention shall not derogate from conventions containing provisions on the matters covered by this Convention to which the Contracting States are, or shall become Parties.
Article 33
A State may, at the time of signature, ratification or accession exclude, in whole or in part, the application of the provisions of
paragraph 2 of Article 4 and of Chapter II. No other reservation shall be permitted.
Each Contracting State may at any time withdraw a reservation it has made; the reservation shall cease to have effect on the sixtieth
day after notification of the withdrawal.
When a State has made a reservation, any other State affected thereby may apply the same rule against the reserving State.
Article 34
A State may at any time withdraw or modify a declaration.
Article 35
A Contracting State shall, at the time of the deposit of its instrument of ratification or access i on, or at a later da te, inform
the Ministry of Foreign Affa irs of the Netherlands of the designation of authorities, pursuant to Articles 2, 8, 24 and 25.
A Contracting State shall likewise inform the Ministry, where appropriate, of the following -
(a) the designation of the authorities to whom notice must be given, whose permission may be required, and whose assistance
may be invoked in the taking of evidence by diplomatic officers and consular agents, pursuant to Articles 15, 16 and 18
respectively;
(b) the designation of the authorities whose permission may be required in the taking of evidence by commissioners pursuant
to Article 17 and of those who may grant the assistance provided for in Article 18;
(c) declarations pursuant to Articles 4, 8, 11, 15, 16, 17, 18, 23 and 27; (d) any withdrawal or modification of the
above designations and
declarations;
(e) the withdrawal of any reservation.
Article 36
Any difficulties which may arise between Contracting States in connection with the operation of this Convention shall be settled through diplomatic channels.
Article 37
The present Convention shall be open for signature by the States represented at the
Eleventh 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 38
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
37.
The Convention shall enter into force for each signatory St ate which ratifies subsequently on the sixtieth day after the deposit
of its instrument of ratification.
Article 39
Any State not represented at the Eleventh Session of the Hague Conference on Private International Law which is a Member of this Conference
or of the United Nations or of a specialized agency of that Organization, or a Party to the Statute of the International Court of
Justice may accede to the present Convention after it has entered into force in accordance with the first paragraph of Article 38.
The instrum ent of accession shall be deposited with th e Mini stry of Foreig n
Affairs of the Netherlands.
The Convention shall enter into force for a State acceding to it on the sixtieth day after the deposit of its instrument of accession.
The accession will have effect only as regards the relations between the acceding St ate and such Contracting St ates as w ill h ave
declared their acceptance of the accession. Such declaration shall be deposited at the Ministry of Foreign Affairs of the Netherlands;
this Ministry shall forward, through diplomatic channels, a certified copy to each of the Contracting States.
The Convention will enter into force as between the acceding State and the State that has declared its acceptance of the accession
on the sixtieth day after the deposit of the declaration of acceptance.
Article 40
Any State may, at the time of signature, ratification or accession, declare that the present Convention shall extend to all 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
indicated in t h e preceding paragraph.
Article 41
The present Convention shall remain in force for five years from the date of its entry into force in accordance with the first paragraph
of Article 38, even for States which have ratified it or acceded to it subsequently.
If there has been no denunciation, it shall be renewed tacitly every five years.
Any denunciation shall be notified to the Ministry of Fo rei gn 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 42
The Ministry of Foreign Affairs of the Netherlands shall give notice to the States referred to in Article 37, and to the States which
have acceded in accordance with Article 39, of the following -
(a) the signatures and ratifications referred to in Article 37;
(b) the date on which the present Convention enters into force in accordance with the first paragraph of Article 38;
(c) the accessions referred to in Article 39 and the dates on which they take effect;
(d) the extensions referred to in Article 40 and the dates on which they take effect;
(e) the designations, reservations and declarations referred to in
Articles 33 and 35;
(f) the denunciations referred to in the third paragraph of Article 41.
In witness whereof the undersigned, being duly authorized thereto, have signed the present Convention.
Done at The Hague, on the 18th day of March, 1970, in the English and French lang uages, b o th tex t s b e ing equ a lly aut h en
tic, i n a sing le co py whi c h sh all be deposited in the archives of the Government of the Netherlands, and of which a certified
copy shall be sent, through the diplomatic channel, to each of the States re pre s en te d a t th e El eve n t h Se ss io n of the
Ha gue C o nfe r ence on Private International Law.
The States signatory to this Convention,
Desiring to facilitate international access to justice,
Have resolved to conclude a Convention for this purpose and have agreed upon the following provisions -
Article 1
Nati onals o f any Co ntractin g S t at e an d p e rso n s habi tuall y resident in any Contracting State shall be entitled to legal
aid for court proceedings in civil and commercial matters in each Contracting State on the same conditions as if they themselves
were nationals of and habitually resident in that State.
Persons to whom paragraph 1 does not apply, but who formerly had their habitual residence in a Contracting State in which court proceedings
are to be or have been commenced, shall nevertheless be entitled to legal aid as provided by paragraph 1 if the cause of action arose
out of their former habitual residence in that State.
In States where legal aid is provided in administrative, social or fiscal matters, the provisions of this Article shall apply to cases
brought before the courts or tribunals competent in such matters.
Article 2
Article 1 shall apply to legal advice provided the person seeking advice is present in the State where advice is sought.
Article 3
Each Contracting State shall designate a Central Authority to receive, and take action on, applications for legal aid submitted under
this Convention.
Federal States and States which have more than one legal system may designate more than one Central Authority. If the Central Authority
to which an application is su bmitted is not com p etent to deal with it, it shall forward the application to whichever other Central
Authority in the same Contracting State is competent to do so.
Article 4
Each Contracting State shall designate one or more transmitting authorities for the purpose of forwarding applications for legal aid
to the appropriate Central Authority in the requested State.
Applications for legal aid shall be transmitted, without the intervention of any other authority, in the form of the model annexed
to this Convention.
Nothing in this Article shall prevent an application from being submitted through
diplomatic channels.
Article 5
Where the applicant for legal aid is not present in the requested State, he may submit his application to a transmitting authority
in the Contracting State where he has his habitual residence, without prejudice to any other means open to him of submitting his
application to the competent authority in the requested State.
The application shall be in the form of the model annexed to this Convention and shall be accompanied by any necessary documents,
without prejudice to the right of the requested State to require further information or documents in appropriate cases.
Any Contracting State may declare that its receiving Central Authority will accept applications submitted by other channels or methods.
Article 6
Th e t r ansm it tin g au tho r i t y shall assist the applican t i n en sur i ng th at t h e application is accompanied by all the
information and documents known by it to be necessary for consideratio n of th e appl ic ation. It s h a l l ens u re that formal
requirements are met.
If it appears to t h e trans mitti ng autho r ity that the ap plication is manifestly unfounded, it may refuse to transmit the application.
It shall assist the applicant in obtaini ng without charge a translation of the documents where such assistance is appropriate.
I t shal l reply t o r e quests f o r furt her inf o rmat ion fr om t h e re ceiving Ce ntra l
Authority in the requested State.
Article 7
The application, the supporting documents and any communications in response to requests for further information shall be in the official
language or in one of the official languages of the requested State or be accompanied by a translation into one of those languages.
However, where in the requesting State it is not feasible to obtain a translation into the language of the requested State, the latter
shall accept the documents in either English or French, or the documents accompanied by a translation into one of those languages.
Communications emanating from the receiving Central Authority may be drawn up in the official language or one of the official languages
of the requested State or in English or French. However, where the application forwarded by the transmitting authority is in either
English or French, or is accompanied by a translation into one of those languages, communications emanating from the receiving Central
Authority shall also be in one of those languages.
The costs of translation arising from the application of the preceding paragraphs shall be borne by the requesting State, except that
any translations made in the requested State shall not give rise to any claim for reimbursement on the part of that State.
Article 8
The receiving Central Authority shall determine the application or shall take such steps as are necessary to obtain its determination
by a competent authority in the
requested State.
The receiving Central Authority shall transmit requests for further information to the transm ittin g authority and shall info rm
i t of an y diff iculty relating to the examination of the application and of the decision taken.
Article 9
Where the applicant for legal aid does not reside in a Contracting State, he may submit his application through consular channels,
without prejudice to any other means open to him of submitting his application to the competent authority in the requested State.
Any Contracting State may declare that its receiving Central Authority will accept applications submitted by other channels or methods.
Article 10
All documents forwarded under this Chapter shall be exempt from legalization or any analogous formality.
Article 11
No charges shall be made for the transmission, reception or determination of applications for legal aid under this Chapter.
Article 12
Applications for legal aid shall be handled expeditiously.
Article 13
Where legal aid has been granted in accordance with Article 1, service of documents in any other Contracting State in pursuance of
the legally aided person’s proceedings shall not give rise to any charges regardless of the manner in which service is effected.
The same applies to Letters of Reques t and social enquiry reports, except for fees paid to experts and interpreters.
W h ere a person has rece ived legal ai d in ac cordance with Artic l e 1 for pr oceed i ng s in a Cont ract ing S t at e an d a deci
sion has b e en gi ven in tho s e proceedings, he shall, without any further examination of his circumstance s, be entitled to legal
aid in any other Contracting State in which he seeks to secure the recognition or enforcement of that decision.
Article 14
No security, bond or deposit of any kind may be required, by reason only of their foreign nationality or of their not being domiciled
or resident in the State in which proceedings are commenced, from persons (inclu ding legal persons) habitu ally resid e nt in a
Con t ract ing S t ate w ho are pl aint if fs or parti e s int e rven ing in proceedings before the courts or tribunals of another
Contracting State.
The same rule shall apply to any payment required of plaintiffs or intervening parties as security for court fees.
An order for payment of costs and expenses of proceedings, made in one of the Contracting States against any person exempt from requirements
as to security, bond, deposit or payment by virtue of Article 14 or of the law of the State where the proceedings have been commenced
shall, on the application of the person entitled to the benefit of the order, be rendered enforceable without charge in any other
Contracting State.
Article 16
Each Contracting State shall designate one or more transmitting authorities for the purpose of forwarding to the appropriate Central
Authority in the requested State applications for rendering enforceable orders to which Article 15 applies.
Each Contrac t ing St ate shall designat e a Cen t ral Au th orit y to rece iv e su ch applications and to take the appropriate steps
to ensure that a final decision on them is reached.
Federal States and States which have more than one legal system may designate more than one Central Authority. If the Central Authority
to which an application is subm itted is not competent to deal w ith it, it shall forward the app licatio n to whichever other Central
Authority in the requested State is competent to do so.
Applications under this Article shall be transmitted without the intervention of any oth e r au tho r i t y, wi th ou t pr ejud ice
to an ap pl icat ion b e in g tr ansm it ted t h r oug h diplomatic channels.
Nothing in this Article shall prevent applications from being made directly by the person entitled to the benefit of the order unless
the requested State has declared that it will not accept applications made in this manner.
Article 17
Every application under Article 15 shall be accompanied by -
(a) a true copy of the relevant part of the decision showing the names and capacities of the parties and of the order for payment
of costs or expenses;
(b) any document necessary to prove that the decision is no longer subject to the ordinary forms of review in the State of origin
and that it is enforceable there;
(c) a translation, certified as true, of the above-mentioned documents into the language of the requested State, if they are
not in that language.
The application shall be determined without a hearing and the competent authority in the requested State shall be limited to examining
whether the required documents have been produced. If so requested by the applicant, that authority shall determine the amount of
the costs of attestation, translation and certification, which shall be treate d a s cost s and expenses of the pr oc eedings. No
legaliza tion or analogous formality may be required.
There shall be no right of appeal against the decision of the competent authority except in accordance with the law of the requested
State.
Article 18
Nati onals o f any Co ntractin g S t at e an d p e rso n s habi tuall y resident in any Contracting State may obtain in any other Contracting State, on the same terms and conditions as its nationals, copies of or extracts from entries in public registers and decisions relating to civil or commercial matters and may have such documents legalized, where necessary.
Article 19
Arrest an d det e nt io n, wh eth e r as a me ans of e n forcement or simply as a precautiona ry m easure, shall not, in civil or commercial matters, be employed agai nst natio nal s of a Co ntracti ng S t ate or person s hab itually resid e nt in a Contracting State in circumstances where they cannot be employed against nationals of the arresting and detaining State. Any fact which may be invoked by a national habitually resident in such State to obtain release from arrest or detention may be inv oked with the same effect by a nat i onal of a Co ntractin g St at e or a p e rson habitually resident in a Contracting State even if the fact occurred abroad.
Article 20
A person who is a national of or habitually resident in a Contracting State and who is summoned by name by a court or tribunal in
another Contracting State, or by a party with the leave of the court or tribunal, in order to appear as a witness or expert in p
r oceed i ng s in th at St at e shall no t b e liabl e to pr osecu tio n o r d e t e nti on, or subjected to any other restriction
on his personal liberty, in the territory of that State in respect of any act or conviction occurring before his arrival in that
State.
The immunity provided for in the preceding paragraph shall commence seven days before the date fixed for the hearing of the witness
or expert and shall cease when the witness or expert having had, for a period of seven consecutive days from the date when he was
informed by the judicial authorities that his presence is no longer required, an opportunity of leaving has nevertheless remained
in the territory, or having left it, has returned voluntarily.
Article 21
Without prejudice to the provisions of Article 22, nothing in this Convention shall be construed as limiting any rights in respect
of matters governed by this Convention which may be conferred upon a person under the law of any Contracting State or under any other
convention to which it is, or becomes, a party.
Between Parties to this Convention who are also Parties to one or both of the Conventions on civil procedure signed at The Hague on
the 17th of July 1905 and the 1st of March 1954 , th is Conventio n shall repl ace Articles 17 to 24 of the Conven tio n of 19 05
o r A rti cles 17 to 2 6 o f t he Con venti on of 1954 even if the reservation provided for under paragraph 2 (c) of Article 28 of
this Convention has been made.
Article 23
Supplementary agreements between Parties to the Conventions of 1905 and 1954 shall be considered as equally applicable to the present Convention, to the extent that they are compatible therewith, unless the Parties otherwise agree.
Article 24
A Contracting State may by declaration specify a language or languages other than t h o s e referred to in A r ti cl es 7 an d 17 in w h ich do cu ment s sent to it s Cen t ral Authority may be drawn up or translated.
Article 25
A Contracting State which has more than one official language and cannot, for reasons of internal law, accept for the whole of its territory documents referred to in Articles 7 and 17 drawn up in one of those languages shall by declaration specify the language in which such documents or translations thereof shall be drawn up for submission in the specified parts of its territory.
Article 26
If a Contracting State has two or more territorial units in which different systems of law are applicable in relation to matters dealt
with in this Convention, it may at the time of signature, ratification, acceptance, approval or accession declare that this Convention
shall extend to all its territorial units or only to one or more of them and may modify that declaration by submitting another declaration
at any time.
Any such declaration shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands and shall state expressly
the territorial units to which the Convention applies.
Article 27
Where a Contracting State has a system of government under which executive, judicial and legislative powers are distributed between central and other authorities within th at St ate, its signature o r ratif ic ati on, ac ce ptan ce, or approv al of, or accession to this Convention, or its making of any declaration under Article 26 shall carry no implication as to the internal distribution of powers within that State.
Article 28
Any Contracting State may, at the time of signature, ratification, acceptance, approval or accession, reserve the right to exclude
the application of Article 1 in the case of persons who are not nationals of a Contracting State but who have their habitual residence
in a Contracting State other than the reserving State or formerly had their habitual residence in the re serving St ate, if there
is no recipr ocit y of treatment between the reserving State and the State of which the applicants for legal
aid are nationals.
Any Contracting State may, at the time of signature, ratification, acceptance, approval or accession, reserve the right to exclude
-
(a) the use of English or French, or both, under paragraph 2 of Article
7;
(b) the application of paragraph 2 of Article 13; (c) the application of Chapter II;
(d) the application of Article 20. Where a State has made a reservation -
(e) under paragraph 2 (a) of this Article, excluding the use of both
English and French, any other State affected thereby may apply the same rule against the reserving State;
(f) under paragraph 2 (b) of this Article, any other State may refuse to apply paragraph 2 of Article 13 to persons who are
nationals of or habitually resident in the reserving State;
(g) under paragraph 2 (c) of this Article, any other State may refuse to apply Chapter II to persons who are nationals of or
habitually resident in the reserving State.
No other reservation shall be permitted.
Any Contracting State may at any time withdraw a reservation it has made. The withdrawal shall be notified to the Ministry of Foreign
Affairs of the Kingdom of the Netherlands. The reservation shall cease to have effect on the first day of the third calendar month
after the notification.
Article 29
Every Cont racting State shall, at the time of the deposit of it s instrument of ratification or accession, or at a later date, inform
the Ministry of Foreign Affairs of the Kingdom of the Netherlands of the designation of authorities pursuant to Articles
3, 4 and 16.
It shall likewise inform the Ministry, where appropriate, of the following - (a) declarations pursuant to Articles 5, 9, 16,
24, 25, 26 and 33;
(b) any withdrawal or modification of the above designations and declarations;
(c) the withdrawal of any reservation.
Article 30
The model forms annexed to this Convention may be amended by a decision of a Special Commission convoked by the Secretary General
of the Hague Conference to which all Contracting States and all Member States shall be invited. Notice of the
proposal to amend the forms shall be included in the agenda for the meeting.
Amendments adopted by a majority of the Contracting States present and voting at the Special Commission shall come into force for
all Contracting States on the first day of the seventh calendar month after the date of their communication by the Secretary General
to all Contracting States.
During the period provided for by paragraph 2 any Contracting State may by notification in writing to the Ministry of Foreign Affairs
of the Kingdom of the Netherlands make a reservation with respect to the amendment. A Party making such reservation shall until the
reservation is withdrawn be treated as a State not a Party to the present Convention with respect to that amendment.
Article 31
The Convention shall be open for signature by the States which were Members of the Hague Conference on Private International Law at
the time of its Fourteenth Session and by non -Member S t ates whi c h were inv ited to parti c ip at e i n it s preparation.
It shall be ratifie d, ac cepted or approved and the in struments of ratificatio n, acceptance or approval shall be deposited with
the Ministry of Foreign Affairs of the Kingdom of the Netherlands.
Article 32
Any other State may accede to the Convention.
The ins trume nt of acc es sion shall be deposited with the Ministry of Foreign
Affairs of the Kingdom of the Netherlands.
Such accession shall have ef fect only as regards the relations between the acceding State and those Contracting States which have
not raised an objection to its accession in the twelve months after the receipt of the notification referred to in sub- paragraph
2 of Article 36. Such an objection may also be raised by Member States at the time when they ratify, accept or approve the Convention
after an accession. Any such objection shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands.
Article 33
Any State may, at the time of signature, ratification, acceptance, appro val or accession, declare that the Co nvention shall extend
to all the territories for the international relations of which it is responsible, or to one or more of them. Such a declaration
shall take effect at the time the Convention enters into force for that State.
Such declaration, as well as any subsequent extension, shall be notified to the
Ministry of Foreign Affairs of the Kingdom of the Netherlands.
Article 34
The Convention shall enter into force on the first day of the third calendar month after the deposit of the third instrument of ratification,
acceptance, approval or accession referred to in Articles 31 and 32.
Thereafter the Convention shall enter into force -
(1) for each State ratifying, accepting, approving or acceding to it subsequently, on the first day of the third calendar month
after the deposit of its instrument of ratification, acceptance, approval or accession;
(2) for any territory or territorial unit to which the Convention has been extended in conformity with Article 26 or
33, on the first day of the third calendar month after the notification referred to in that Article.
Article 35
The Convention shall remain in force for five years from the date of its entry into force in accordance with the first paragraph of
Article 34 even for States which subsequently have ratified, accepted, approved it or acceded to it.
If there has been no denunciation, it shall be renewed tacitly every five years.
Any denunciati on shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands, at least six months before
the expiry of the five year period. It may be limited to certain of the territories or territorial units 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 36
The Ministry of Foreign Affairs of the Kingdom of the Netherlands shall notify the St ates Members of the Conference , and the St
ates which have a cceded in accordance with Article 32, of the following -
(1) the signatures and ratifications, acceptances and approvals referred to in
Article 31;
(2) the accessions and objections raised to accessions referred to in Article 32;
(3) the date on which the Convention enters into force in accordance with
Article 34;
(4) the declarations referred to in Articles 26 and 33;
(5) the reservations and withdrawals referred to in Articles 28 and 30; (6) the information communicated under Article 29;
(7) the denunciations referred to in Article 35.
In witness whereof the undersigned, being duly authorised thereto, have signed this Convention.
Done at The Hague, on the 25th day of October, 1980, in the English and French lan guag e s, bot h t e xts bein g eq uall y au then
ti c, in a sin g le copy wh ich shall be deposited in the archives of the Government of the Kingdom of the Netherlands and of which
a certified copy shall be sent, through diplomatic channels, to each of the States Members of the Hague Conference on Private International
Law at the date of its Fourteenth Session and to each other State having participated in the preparation of this Convention at this
Session.
Convention on International Access to Justice,
signed at The Hague, on the 25th of October 1980.
Identity and address
of the transmitting authority
Address of the receiving
Central Authority
The undersigned transmitting authority has the honour to transmit to the receiving Central Authority the attached application for
legal aid and its annex (statement concerning the applicant’s financial circumstances), for the purpose of Chapter I of the above-mentioned
Convention.
Remarks concerning the application and the statement, if any: Other remarks, if any:
Done at ........................, the .................. Signature and/or stamp
Application for legal aid
Convention on International Access to Justice,
signed at The Hague, on the 25th of October 1980.
1 Name and address of the applicant for legal aid
2 Court or tribunal in which the proceedings have been or will be initiated (if known)
3 (a) Subject-matter(s) of proceedings; amount of the claim, if applicable
(b) If applicable, list of supporting documents pertinent to commenced or intended proceedings*
(c) Name and address of the opposing party*
4 Any date or time-limit relating to proceedings with legal consequences for the applicant, calling for speedy handling of
the application*
5 Any other relevant information*
6 Done at ........................, the ..................
7 Applicant’s signature
* Delete if inappropriate.
Annex to the application for legal aid
Statement concerning the applicant's financial circumstances
I Personal situation
8 | name (maiden name, if applicable) | |
9 | first name(s) | |
10 | date and place of birth | |
11 | nationality | |
12 | (a) habitual residence (date of commencement residence) | of the |
(b) former habitual residence (date of commencement and termination of the residence)
13 civil status (single, married, widow(er), divorced, separated)
14 name and first name(s) of the spouse
15 names, first names and dates of birth of children dependent on the applicant
16 other persons dependent on the applicant
17 supplementary information concerning the family situation
II Financial circumstances
18 occupation
19 name and address of employer or place of exercise of occupation
20 income of the applicant
(a) salary (including payments in kind)
(b) pensions, disability pensions, alimonies, allowances, annuities
(c) unemployment benefits
(d) income from non- salaried occupations
(e) income from securities and floating capital
(f) income from real property
(g) other sources of income
21 real property of the applicant
(please state value(s) and obligations)
22 other assets of the applicant
(securities, sharings in profits, claims, bank accounts, business capital, etc.)
of the spouse
of the spouse
of the spouse
of the persons dependent on the applicant
of the persons dependent on the applicant
of the persons dependent on the applicant
23 debts and other financial obligations
a) loans (state nature, balance to be paid and annual/monthly repayments)
b) maintenance obligations
(state monthly payments)
c) house rent (including costs of heating, electricity, gas and water)
d) other recurring obligations
of the applicant
of the spouse
of the persons dependent on the applicant
24 income tax and social security contributions for the previous year
25 remarks of the applicant
26 if applicable, list of supporting documents
27 The undersigned, being fully aware of the penalties provided by law for the making of a false statement, declares that
the above statement is complete and correct.
28 Done at ...................... (place)
29 the ................................ (date)
30 ........................................ (applicant’s signature)
Declarations and Oppositions
(Articles 5, 8, 21 and 42)
PART A - The Hague Convention of 1965
1. The Government of Malta declares, pursuant to Article 8 of the Convention o n the Serv ice Abro ad o f Judicial and Ex traj
udicial Document s i n Ci vil or Commercial Matters (The Hague, 1965) that it is opposed to service of documents within the territory
of Malta effected directly through the diplomatic or consular agents of other Contracting States, in accordance with the first paragraph
of the said Article 8, other than up on the national of the Contracting St ate effecting such service.
2. The Government of Malta declares, pursuant to Article 10 of the Convention o n the Serv ice Abro ad o f Judicial and Ex traj
udicial Document s i n Ci vil or Comm ercial Matters (The Hague, 1965), that it is oppo sed t o the use by ot her Contracting States
of any of the methods of transmission and service of documents mentioned in the said Article 10 within its territory.
PART B - The Hague Convention of 1970
1. The Government of Malta declares, pursuant to the second paragraph of Article 4 of the Convention on the Ta kin g of Evidence
Abroad in Civil and Commercial Matters (The Hague, 1970), that it reserves the right to accept Letters of Request drawn up in the
English language only.
Identity and address
of the applicant
Address of receiving
authority
The un dersig ned ap pli cant h a s the h ono ur to t r ansm it - i n d upli cate - the documents listed below and, in conformity
with Article 5 of the above-mentioned Convention, requests prompt service of one copy thereof on the addressee, i.e,
(identity and address)
...……………………………….....……………………………………………
……………………………………….....………………………………………
(a) in accordance with the provisions of sub-paragraph (a) of the first paragraph of Article 5 of the Convention*.
(b) in accordance with the following particular method (sub-paragraph
(b) of the first paragraph of Article 5)*: ………….............………..
………………………………………………………………………….………
……………………………………………………………………….…………
(c) by delivery to the addressee, if he accepts 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 annexes* - with a certificate
as provided on the reverse side.
List of documents
…………………………………………………………………………………
…………………………………………………………………………………
…………………………………………………………………………………
…………………………………………………………………………………
………………………………………………………………………………… Done at ..........................,
the ........................
Signature and/or stamp.
* Delete if inappropriate.
Request for Service Abroad of Judicial or Extrajudicial Documents
Identity and address of the applicant Address of receiving authority
The undersigned applicant has t h e ho nou r t o transmi t - in du plicat e - the documents listed below and, in conformity with article
12 of the Legal Procedures (Ratification of Conventions) Act, 2001 requests prompt service of one copy thereof on the addressee,
i.e.
(identity and address)
..............................................................................................................................
.............................................................................................................................. (a)
in accordance with the provisions of article 12 of the Act *.
(b) in accordance with the following particular method *.
..............................................................................................................................
.............................................................................................................................. The
authority is requested to return or to have returned to the applicant a copy of
the documents - and of the annexes* - with a certificate as provided on the reverse
side.
List of documents
..............................................................................................................................
..............................................................................................................................
..............................................................................................................................
..............................................................................................................................
.............................................................................................................................. Done
at ......................., the ....................
Signature and/or stamp
* Delete if inappropriate.
(If they are not in the English language, the request and the documents must be accompanied by two certified translations thereof
in the English language.
Reverse of the request
(Article 13)
The undersigned authority has the honour to certify, in conformity with article 13 of the Act,
(1) that the document has been served*
• the (date)
.........................................................................................................................
• at (place, street, number)
.........................................................................................................................
.........................................................................................................................
- - in one of the following methods:
(a) in accordance with the provisions of article 12 of the Act*. (b)in accordance with the following particular method*:
.........................................................................................................................
......................................................................................................................... The documents
referred to in the request have been delivered to:
•(identity and description of person)
•.......................................................................................................
.........................................................................................................................
•relationship to the addressee (family, business or other):
•.......................................................................................................
.........................................................................................................................
......................................................................................................................... (2)
that the document has not been served, by reason of the following facts*.
.........................................................................................................................
.........................................................................................................................
.........................................................................................................................
In con for mi ty wit h ar ticl e 14 of th e Act , t he ap pli cant is req uested to pay or reimburse the costs and expenses detailed
in the attached statement.
Annexes
Documents returned:
.........................................................................................................................
.........................................................................................................................
......................................................................................................................... In appropriate
cases, documents establishing the service:
.........................................................................................................................
......................................................................................................................... Done at
......................., the ....................
Signature and/or stamp
* Delete if inappropriate.
Summary of the Document to be Served
(Article 12(2))
Name and address of the requesting authority/officer/person:
.........................................................................................................................
......................................................................................................................... Particulars
of the parties*:
.........................................................................................................................
.........................................................................................................................
.........................................................................................................................
.........................................................................................................................
Nature and purpose of the proceedings and, where appropriate, the amount in dispute:
.........................................................................................................................
......................................................................................................................... Date and
place of entering appearance**:
.........................................................................................................................
......................................................................................................................... Court which
has given judgement**:
.........................................................................................................................
......................................................................................................................... Date of
judgement**:
......................................................................................................................... Time-limits
stated in the document**:
.........................................................................................................................
.........................................................................................................................
.........................................................................................................................
Time-limits stated in the document**:
.........................................................................................................................
.........................................................................................................................
* If appropriate, identity and address of the person interested in the transmission of the document.
**Delete if inappropriate.
(Articles 22 and 42) Reservation
The Government of Malta declares, pursuant to Article 28 of the Convention on t h e Intern ati onal Access to Just ice (The Hague,
1 980), t h at it excl udes t h e application of Article 1 of the said Convention in the case of persons who are not na ti o n a
l s of a C o n t ract i n g S t at e b u t wh o ha ve th ei r ha bi t u al re si de nc e i n a Contracting State other than Malta
or formerly had their habitual residence in Malta, if there is no reciprocity of treatment between Malta and the State of which the
applicants for legal aid are nationals.
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