ACS Services
Judicial Assistance - Slovak Republic
Disclaimer: The information in this circular relating to the
legal requirements of specific foreign countries is provided for general
information only and may not be totally accurate in a particular case.
Questions involving interpretation of specific foreign laws should be addressed
to foreign counsel.
PROVISO: This flyer seeks only to provide information; it is not an opinion on any aspect of U.S., foreign, or international law. The U.S. Department of State does not intend by the contents of this flyer to take a position on any aspect of any pending litigation.
APPLICABLE TREATIES OR OTHER AGREEMENTS:
Note: On December 31, 1992, at midnight, Czechoslovakia
ceased to exist and was succeeded by two separate and independent states, the
Czech Republic and the Slovak Republic. The bilateral agreements between the
United States and Czechoslovakia were overtaken by the successor states which
inherited treaty obligations of the former government, consistent with the Art.
34, of the Vienna Convention on Succession of States in Respect of Treaties.
- The Vienna
Convention on Consular Relations, 21 UST 77; 596 UNTS 261; TIAS 6820 (art.5);
- U.S.-Czechoslovakia
Bilateral Consular Convention with agreed memorandum and related notes. Entered
into force November 6, 1987; TIAS 11083;
- Hague
Convention on Service Abroad of Judicial and Extra-Judicial Documents in Civil
and Commercial Matters, 20 UST 361;
- Hague
Convention on the Taking of Evidence Abroad in Civil and Commercial Matters, 23
UST 2555;
- U.S-Czechoslovakia
Extradition Treaty signed 1925 and Supplementary Extradition Treaty signed
1935. (The U.S.-EU Extradition Treaty
with Bilateral Agreement is expected to replace this treaty sometime during
2008, depending on ratification by the U.S. Senate.)
- Note: On
March 15, 1993, the Slovak Republic declared itself to be bound by the Hague
Convention on the Taking of Evidence Abroad in Civil and Commercial Matters –
including reservations and declarations made by Czechoslovakia as well as
objections by Czechoslovakia in respect of reservations made by other Treaty
Parties – as of January 1, 1993, the date of the division of Czechoslovakia.
VOLUNTARY DEPOSITIONS:
The taking of depositions from
willing witnesses in the Slovak Republic is governed by Article 5(f) and 5(j)
of the Vienna Convention on Consular Relations (to which the Slovak Republic
and the United States are parties).
Voluntary depositions may be conducted in the Slovak
Republic regardless of the nationality of the witness, provided no compulsion
is used. The witness may refuse to take an oath or refrain from answering any
or all questions. Oral depositions or depositions on written questions may be
taken by U.S. consular officers or by private attorneys from the U.S. or the
Slovak Republic at the U.S. Embassy or at another location such as hotel or
office, either on notice or pursuant to a commission (22 U.S.C. 4215; 4221; 18
U.S.C., Appendix, Rules of Criminal Procedure, Rules 15 and 17; 28 U.S.C.,
Appendix, Rules of Civil Procedure, Rules 28-31; 22 CFR 92.55-92.66 (general
authority).
CONSULAR ASSISTANCE:
A U.S. consular officer is permitted to administer oaths to witnesses,
interpreters and/or stenographers.
Please contact the U.S. Embassy in Bratislava well in advance to obtain
information about fees, as well as to schedule such services. The Embassy can also assist in finding and
contacting available court reporters, stenographers or interpreters.
PARTICIPATION BY LOCAL, STATE OR U.S.GOVERNEMNT OFFICIALS:
State or U.S. Government officials must have formal U.S.
Embassy and Host Country clearance before traveling to a foreign country to
conduct informal interviews related to judicial assistance matters or
depositions. If participation of such officials is envisioned, they must
contact the Europe and Canada Division of the Office of American Citizens
Services in the Consular Affairs Bureau of the Department of State (see
http://www.travel.state.gov for additional information.) That office will transmit the request for
host county clearance to the U.S. Embassy in Bratislava for transmittal to the
Ministry of Foreign Affairs of the Slovak Republic. Police clearance does not
constitute formal host country clearance.
COMPULSION OF EVIDENCE (TESTIMONY, DOCUMENTS, ETC.)
CIVIL AND COMMERCIAL MATTERS:
Compulsion of evidence in civil, commercial
and some administrative cases may be considered by the Slovak Central Authority
on a case by case basis. The Hague
Convention on Taking Evidence Abroad in Civil and Commercial Matters provides a
“Model Letter of Request” which should be transmitted, in duplicate, directly
from the court in the United States seeking assistance to the Slovak Central
Authority. In cases not governed by the Hague Convention, letters rogatory may
be used. Consult our general flyer “Preparation of Letters Rogatory”. See note
below regarding criminal cases.
SLOVAK REPUBLIC CENTRAL AUTHORITY:
The Slovak Central Authority for requests under the Hague
Convention on Taking Evidence Abroad in Civil and Commercial Matters is
the Slovak Ministry of Justice
(Ministerstvo spravodlivosti Slovenskej republiky), Zupne namestie 13, 813 11
Bratislava, Slovak Republic, tel.: 011
421 2 59353 111, tel.: +421 2 59353 529
Please note: Under
the aforementioned Hague Convention, the requesting court in the United States
transmits the Letter of Request and accompanying documents, in duplicate and
with official translations, directly to the Slovak Central Authority.
TRANSLATIONS:
All documents must be translated.
TRANSMITTAL OF A REQUEST:
The Letter of Request and all
required supporting documents must be sent directly from the requesting court
to the Slovak Central Authority identified above.
CRIMINAL MATTERS:
Compulsion of evidence in criminal matters
is obtained in the Slovak Republic pursuant to a “Letter Rogatory.” A letter rogatory is a request from a court
in the U.S. addressed “to APPROPRIATE JUDICIAL AUTHORITY” of the foreign
country. For details about the process
consult our general information flyer, “Preparation of Letters Rogatory” (see
“Additional Information” below).
Any letter rogatory intended for use in the Slovak Republic
must be translated and should include the following:
- and offer
for reciprocal assistance;
- a statement
expressing willingness to reimburse the Slovak judicial authorities for costs
incurred in execution of the letter rogatory;
- the seal of
the court and signature of the judge;
The letter rogatory must be transmitted by the court in the
U.S. from which it originates or by attorney(s) to the office of CA/OCS/ACS for
transmittal to the U.S. Embassy in Bratislava. The Embassy will forward the
request via diplomatic note to the Ministry of Foreign Affairs of the Slovak
Republic which will refer the matter to the Ministry of Justice which will in
turn assign it to a court in the Slovak Republic for execution. Requesting
counsel should be aware that when letters rogatory are executed by foreign
courts which compel the appearance of a witness to answer written interrogatories,
the evidence is taken in accordance with the rules of the foreign court. In most cases an American attorney will not
be permitted to participate in such a proceeding.
Letters rogatory may be transmitted to Slovak authorities
only if the prosecuted act is considered a crime in both the United States and
Slovakia. Slovak authorities apply Part
5 of their Criminal Code if the circumstances are not otherwise covered by an
international agreement. Foreign
authorities cannot independently perform acts of judicial assistance in the
Slovak Republic. Under the Code, a foreign Consular Officer may perform
certain judicial assistance acts only with the approval of the Slovak Ministry
of Justice. A voluntary deposition, however, does not require the approval of Ministry of Justice. The presence of a foreign representative at
the acts performed by the Slovak authorites must be approved by the Slovak
prosecutor. A Slovak court may grant
such approval in cases where the court itself performs the act.
TRANSLATIONS:
Letters Rogatory and any accompanying
documents must be accompanied by a translation in duplicate.
AUTHENTICATION OF DOCUMENTS:
The Slovak Republic is a party to the Hague Legalization
Convention Abolishing the Requirement for Legalization of Foreign Public
Documents. All foreign public documents which may be enclosed with the request
for judicial assistance to the Slovak authorities, must be authenticated by an
Apostille under the Convention.
Judicial Assitance can be provided under the condition that
it does not violate the Slovak public order regulations.
U.S. CONSULAR FEES (subject to change):
Taking Depositions, scheduling/arranging appointments | $ 475.00 |
Processing Letters Rogatory | $ 560.00 |
52 FSIA | $ 650.00 |
Swearing in a witness for a voluntary telephone deposition | $ 235.00 |
Supervising a telephone deposition | $235/hour + expenses |
Provide seal and certificate on deposition | $ 60.00 |
At a direct request of any Federal Government agency, state
or local govenment agency for judicial assistance: NO FEE is charged by the
consulate. (However, Slovak authorities
may impose fees of their own which must be paid by the state or federal
authority in the United States requesting the judicial assistance.)
Executing a commission to take testimony in connection with foreign documents for use in criminal cases when the commission is accompanied by an order of Federal Court on behalf of an indigent party: NO FEE is charged.
SERVICE OF PROCESS
On March 15, 1993, the Slovak Republic declared itself to be
bound by the Hague Convention on the Service Abroad of Judicial and
Extra-Judicial Documents in Civil or Commercial Matters including reservations
and declarations made by Czechoslovakia in its accession September 23, 1981, as
well, as objections by Czechoslovakia in respect of reservations made other
Treaty Parties – as of January 1, 1993, the date of division of Czechoslovakia.
The Hague Convention (20 U.S.T. 361, T.I.A.S. 6638; 28
U.S.C.A. (Appendix following Rule 4 FRCvP); 16 I.L.M. 1339 (1977)), provides
for service by international registered mail, by agent and by formal request to
the foreign central authority. ( See Rule 4(f)(1) FRCvP) . Service can be
effected in the Slovak Republic under the Convention through the Slovak Central
Authority. A request for service by the Central Authority can be made by an
attorney by submitting the documents to be served under cover form USM-94, in duplicate to the foreign central
authority. The Convention form USM-94 is available at offices of the United
States Marshal Service and is reprinted in the Martindale Hubbell Law
Directory, Law Digest Volume, Selected International Conventions, after the
text of the Hague Service Convention.
Documents will be served in person only if specifically
required/requested (see below).
Otherwise, they will be served by mail to the addressee only. The
receipt is confirmed by the addressee’s signature on the receipt slip. If the documents cannot be services repeatedly, the documents are
returned to the requesting party along with the explanation of the
circumstances.
SLOVAK REPUBLIC CENTRAL AUTHORITY:
The Slovak Central Authority for requests under the Hague
Convention on Service Abroad of Judicial and Extra-judicial Documents is
the Slovak Ministry of Justice
(Ministerstvo spravodlivosti Slovenskej republiky), Zupne namestie 13, 813 11
Bratislava, Slovak Republic, tel.: 011
421 2 59353 111, tel.: +421 2 59353 529
TRANSLATIONS:
A Summons, Complaint and any other documents
to be served must be translated into Slovak and submitted in duplicate. If applicable, the documents must also be
translated in to a language understandable to the addressee.
U.S. CENTRAL AUTHORITY:
Office of International Judicial
Assistance, Civil Division, Department of Justice, 1100 I. St., N.W., Room
11006, Washington, D.C.20530, tel: (202) 307-0983.
DESIGNATING METHOD OF SERVICE TO BE USED BY CENTRAL
AUTHORITY:
Fill in the USM-94 in duplicate, designating the method of
service to be used by the foreign Central Authority.
FORMAL SERVICE:
(Article 5, paragraph 1, sub-paragraph a) The Central
Authority itself serves or arranges to have served "by a method prescribed
by its internal law for the service of documents in domestic actions upon
persons who are within its territory". Generally, documents to be served
in accordance with this method must be translated into the official language of
the country. See the Practical Handbook on the Convention for specific
information, or consult the U.S. Central Authority.
INFORMAL DELIVERY:
In accordance with Article 5, paragraph 2, a document may be
served by delivery to an addressee who accepts it voluntarily. This method of
informal delivery is by far the most broadly used approach in a substantial
number of Contracting States. The person who delivers the document is often a
police official. In most cases, the addressees accept the document voluntarily
or come down to pick it up at the police station.
PERSONAL SERVICE:
(Article 5, paragraph 1, sub-paragraph b) If personal
service is required, delete methods (a) and (c) on the Request for Service form
(USM-94) and indicate method (b) on the form, noting that the documents should
be served personally upon the person or company to be served.
TRANSLATIONS:
Unless the party to be served will accept service
voluntarily, the documents to be served must be accompanied by a translation
into the official language of the foreign country. See Ristau, International
Judicial Assistance (Civil and Commercial), International Law Institute, 1995,
Vol. 1, Section 4-2-3(5), pp. 133-138. See Teknekron Management Inc. v. Quante
Fernmeldtechnik Gmbh, 115 F.R.D. 175 (D. Nev. 1987); Vornees v. Fischer &
Krecke, 697 F. 2d 574, 575 (4th Cir. 1983)
COSTS:
There are generally no costs incurred in connection with
service through the central authority under the Convention. However, if
personal service is made and the person to be served resides in some remote
location, some fees may be charged. The fees will be billed to the requester by
the foreign central authority.
TIME FRAME:
There is no specific time frame for service provided for in
the Convention. However, the Hague Conference on Private International Law
advises that most Convention central authorities generally accomplish service
within two months.
PROOF OF SERVICE:
On the reverse side of the Request for Service form is a
Certificate of Service form. The certificate, which serves as proof of service,
is completed and mailed directly to the requesting party by the foreign central
authority after service has been effected
Slovak republic made the specific reservations objecting to
service through the postal channels.
LIST OF FOREIGN ATTORNEYS:
A list of Slovak attoreneys who are members of the Slovak Bar
Association is available at http://www.sak.sk. Contact information can also be
obtained from the American Embassy in the Slovak Republic.
AUTHENTICATION OF DOCUMENTS:
The Slovak Republis is a party to the Hague Legalization
Convention Abolishing the Requirement for Legalization of Foreign Public
Documents. All foreign public documents enclosed with a request for judicial
assistancefrom the Slovak authorities must be authenticated by the Apostille
under the Convention.
Judicial Asssitance can be provided under the condition that it does not violate the Slovak public order regulations.
How to Reach the Consular Section of the U.S. Embassy in Bratislava, Slovakia
LOCATION: Hviezdoslavovo namestie 4-5, 811 02 Bratislava,
Slovak Republic (Please see our website for the American Citizens’ Services
Unit’s hours.)
MAILING ADDRESS: U.S. Embassy, Consular Section, P.O.Box
309, 814 99 Bratislava, Slovak Republic.
TELEPHONE: 011 421 2
5443 0861 (Please see our website for the American Citizens’ Services Unit’s
hours.)
FAX: 011 421 2 5441 8861
E-MAIL:
consulbratislava@state.gov
WEBSITE: http://slovakia.usembassy.gov
ADDITIONAL INFORMATION: Many of our judicial assistance
flyers are also available on the internet via the Department of State, Bureau
of Consular Affairs Home Page www.travel.state.gov
.
TREATY DATABASES ON THE INTERNET:
United States Department of State, Office of the Legal
Adviser, Treaty Affairs, List of Treaties and Other International Agreements of
the United States In Force:
Ministry of Foreign Affairs of the Slovak Republic
Ministry of Justice of the Slovak Republic
Hague Convention on Private International Law
10/2007
