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EmailPakistan Judicial Assistance
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. This circular 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 circular to take a position on any aspect of any pending litigation.
Lists of Attorneys in Pakistan
Summary: Judicial assistance between the United States and Pakistan is governed by the Vienna Convention on Consular Relations (VCCR), 21 UST 77, TIAS 6820, 596 U.N.T.S. 261, to which the United States and Pakistan are parties and the multilateral the Hague Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil and Commercial Matters , 20 UST 361.Service of Process: Pakistan is a party to the Hague Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil and Commercial Matters. The Convention entered into force for Pakistan August 1, 1989. Requests from the United States for service of process in Pakistan in civil or commercial matters may be sent directly to the Pakistan central authority. If an attorney in the U.S. is making the request for service in accordance with Rule 4 of the Federal Rules of Civil Procedure, the attorney should cite that rule on the USM-94 form. Accompanying documents should preferably be in English or translated into English. However, documents in the Urdu language only, if not translated into English, could also be accepted by Pakistan authorities. Pakistan Central Authority: the Solicitor, Ministry of Law and Justice to the Government of Pakistan in Islamabad, Pakistan. The mailing address is: Solicitor, Ministry of Law, Justice, and Human Rights, ‘S’ Block, Pakistan Secretariat, Islamabad, Pakistan. The Deputy Secretary Administration of the Ministry of Law, Justice and Human Rights advises there is no fee for service of process.
Pakistan did not object to service of process by registered mail via postal channels (See Pakistan’s declaration ), however, it is not clear whether that method of service would be recognized in Pakistan should eventual enforcement of a U.S. judgment be attempted in Pakistan. The Department of State understands that it can take two weeks for an airmail letter to reach Pakistan and as much as two months for letters sent by surface mail to arrive. A similar amount of time would be required for the postal receipt to be returned to the United States. Mail service is not reliable in all parts of Pakistan.
A Pakistani attorney may be able to serve U.S. legal documents or arrange with a local court to have them served. Pakistan authorities advise there is no objection if someone voluntarily accepts service effected by means other than letters rogatory, and no penalty for attempting other methods of service. See also our Service Under the Foreign Sovereign Immunities Act (FSIA) feature and FSIA Checklist for questions about service on a foreign state, agency or instrumentality.
Obtaining Evidence (Overview): Pakistan is not a party to theHague Convention on the Taking of Evidence Abroad in Civil and Commercial Matters. Voluntary depositions may be taken of willing witnesses provided no compulsion is used. U.S. and state officials participating in depositions in Pakistan must first obtain host country clearance. See also existing Travel Warnings, Travel Alerts and Country Specific Information. Travelers are advised to register their travels in advance with the U.S. Embassy or Consulate using our Internet Based Registration System. Pakistan does not permit the taking of depositions by telephone from any country. If assistance of a U.S. consular officer is needed to take a deposition in Pakistan, contact the U.S. Embassy or Consulate directly. See also our Obtaining Evidence Abroad guidance.
Compulsion of evidence generally may be requested pursuant to a letter rogatory transmitted via the diplomatic channel. See our guidance on preparation of letters rogatory. Letters rogatory for compulsion of evidence should be transmitted to the U.S. Department of State, Bureau of Consular Affairs, Overseas Citizens Services, Office of American Citizens Services and Crisis Management, Near East and South Central Asia Division, CA/OCS/ACS/NESCA. Mailing address: SA-29, 4 th Floor, 2201 C Street N.W., Washington, D.C. 20520. Express mail address: 2100 Pennsylvania Avenue N.W., Washington, D.C. 20037.
Criminal Matters: Local, state, and federal prosecutors in the United States interested in obtaining evidence in Pakistan may also wish to consult the Office of International Affairs, Criminal Division, U.S. Department of Justice, Washington, D.C. 20520 at (202) 514-0015. The U.S. Department of State expects criminal defendants, or their defense counsel, who wish to request judicial assistance in obtaining evidence or in effecting service of documents abroad in connection with criminal matters to make such requests pursuant to letters rogatory in accordance with Article 5(j) of the VCCR. Defense requests for compulsion of evidence in criminal matters may be prepared in the form of a letter rogatory transmitted via diplomatic channels from the U.S. Department of State, Bureau of Consular Affairs, Overseas Citizens Services, Office of American Citizens Services and Crisis Management, Near East and South Asia Division, 1-888-407-4747. See 22 CFR 22.1 regarding current consular fees. For general guidance about preparation and transmittal of such requests, see our Letters Rogatory feature.
Authentication of Documents : Pakistan is not a party to the Hague Convention Abolishing the Requirement for Legalization of Foreign Public Documents. For information about authentication of documents see our web page notarial and authentication feature. See also the U.S. Department of State Authentications Office webpage. Additional guidance for consular officers about authentication of documents is available at 7 Foreign Affairs Manual 870.
Lists of Attorneys in Pakistan: See the U.S. Embassy in Islamabad List of Attorneys; U.S. Consulate General Karachi List of Attorneys; U.S. Consulate Lahore List of Attorneys and the U.S. Consulate Peshawar List of Attorneys. See also Retaining a Foreign Attorney.
Links U.S. Government LinksInternational Adoption - Pakistan
International Child Abduction - Pakistan
Library of Congress Guide to Law Online – Pakistan
NGO LinksEmory School of Law - Pakistan
Pakistan Government LinksOther Links
National Library of Australia – Laws of Pakistan
