SERVICE OF PROCESS – HAGUE SERVICE CONVENTION

Netherlands is a party to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. Netherlands has not objected to the methods of service provided under Article 10 of the Convention and therefore permits service through other available channels, subject to the applicable requirements.

FORMAL SERVICE

Requests for formal service under the Hague Service Convention are processed through the Netherlands Central Authority. Furthermore, under Article 5(1)(b) of the Hague Service Convention, the applicant may request that service be effected by a particular method, provided that the requested method is not incompatible with the law of the State addressed.

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

INFORMAL SERVICE

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

Service effected through alternative channels under Article 10 (commonly known as informal service) are just as legally valid as service completed through the Central Authority under article 5 of the Hague Service Convention. In the Netherlands, informal service may involve Dutch judicial or governmental authorities, depending on the channel and method used. Under Article 10(a), judicial documents may be sent directly to persons abroad by postal channels. Article 10(b) permits judicial officers, officials, or other competent persons of the State of origin to effect service directly through judicial officers, officials, or other competent persons in the State of destination, while Article 10(c) permits any person interested in judicial proceedings to arrange for service directly through judicial officers, officials, or other competent persons in the State of destination. The Netherlands has not objected to Articles 10(a), 10(b), or 10(c), so these alternative channels are available subject to the applicable requirements of Dutch law.

SERVICE BY PUBLICATION

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

OBTAINING EVIDENCE IN CIVIL AND COMMERCIAL MATTERS – HAGUE EVIDENCE CONVENTION

Netherlands is a party to the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters (the “Hague Evidence Convention”). The Convention has also been extended to Aruba. For the Netherlands, the District Court in The Hague serves as the designated Central Authority for receiving Letters of Request for the taking of evidence under the Convention. Aruba has a separate designated Central Authority: The Attorney-General at Aruba of the Joint Court of Justice of Aruba, Curaçao, Sint Maarten and of Bonaire, Sint Eustatius and Saba.

Letters of Request may be submitted in English, Dutch, German, or French. Requests for the taking of evidence under the Hague Evidence Convention may be transmitted directly from the requesting court or other authorized person in the United States to the Netherlands Central Authority and do not require transmission through diplomatic channels.

LETTERS OF REQUEST

Under Chapter I of the Hague Evidence Convention, Letters of Request are transmitted directly by a judicial authority in the requesting State to the Central Authority of the Netherlands. Letters of Request may be submitted in Dutch, English, German, or French. Where a Letter of Request is prepared in another language, it must be accompanied by a translation into one of these languages. The requesting authority is responsible for providing any translation required for the execution of the request.

VOLUNTARY DEPOSITIONS OF WITNESSES

Voluntary depositions of willing witnesses in civil and commercial matters may be conducted in the Netherlands regardless of the witness’s nationality. Such depositions generally do not require prior permission from the Netherlands Central Authority under the Hague Evidence Convention.

Depositions may be conducted in the following ways:

1. Before a Dutch District Court Judge. A district court judge may pose written questions to the witness on behalf of counsel. To arrange a deposition before a district court judge, counsel should submit a request to the president of the district court in the district where the deposition is to take place.
2. Before a Dutch notaris. A deposition may also be conducted before a Dutch notaris, who may administer the proceeding and pose questions to the witness on behalf of counsel. The functions of a Dutch notaris extend beyond those typically performed by a public notary in the United States.
3. Before a U.S. Consular Officer. In appropriate circumstances, a deposition may be conducted before a U.S. consular officer, either at the request of the parties or pursuant to a court order. However, because U.S. consular officers have other statutory responsibilities and are subject to scheduling and resource limitations, this option is generally less practical than the alternatives described above. With the consent of the parties, a consular officer may withdraw after administering the required oaths.

Telephone depositions are also permitted. Where the services of a U.S. consular officer are required to administer an oath to the witness, interpreter, or stenographer, arrangements must be made in advance directly with the U.S. Embassy.

LETTERS ROGATORY

Letters Rogatory are used for obtaining evidence, depositions or serving documents across countries which are not signers of the Hague Service Convention or Hague Evidence Convention. It can be either the sending country or the receiving country, or both, that are not signatories to the relevant convention. They are a request from a court in one country to a court in another country requesting international judicial assistance related to service of process or obtaining evidence or depositions. This method is time consuming, cumbersome, and should be used only when other options are not available. The use of this method may result in time delays of up to 1 year in the execution of requests. The letters are usually transmitted through diplomatic channels. Letters rogatory are not required for proceedings originating in U.S. courts, as both the United States and the Netherlands are parties to the Hague Evidence Convention.

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

TRANSLATIONS

Most countries require the documents to be translated into the official language of the nation where they are to be served. The Netherlands does not require the documents being served to be translated into Dutch when service is requested through the Dutch Central Authority. However, a Dutch or English translation of the summary of the documents is recommended to facilitate smooth and efficient service.

ABOUT US

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

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

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