Denmark 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.

PROVISO: This flyer seeks only to provide information; it is not an opinion on any aspect of U.S., Philippine, 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.

SERVICE OF PROCESS

Denmark and the United States are parties to the Hague Convention on the Service Abroad of Judicial and Extra-Judicial Documents in Civil or Commercial Matters (20 UST 361, TIAS 6638; 28 USCA (Appendix following Rule 4 FRCvP); 16 I.L.M. 1339 (1977)). The Hague Service Convention provides for service by international registered mail, by agent and by formal request to the foreign Central Authority. (See Rule 4(f)(1) F.R.Cv.P.) For a detailed discussion of the operation of the Hague Service Convention, consult our flyer on the Convention. Service can be effected in Denmark under the Convention through the Danish 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 of form USM-94, in duplicate to the foreign Central Authority. The Convention form (USM-94) is available at the office of any United States Marshal and is reprinted in the Martindale Hubbell Law Directory, Law Digest Volume, Selected International Conventions, after the text of the Hague Service Convention.

DENMARK CENTRAL AUTHORITY:

Danish Ministry of Justice (Justitsministeriet)
Slotsholmsgade 10
1216 Copenhagen K
Denmark
TEL: 45-3392-3340
FAX: 45-3393-3510
Email: jm@jm.dk

TRANSLATIONS : The Denmark Central Authority has informed the Hague Conference for Private International Law that translation is not required. The addressee, however, has the right to refuse receipt of a document made out in a foreign language. In such case service can only be effected if the document is translated into Danish. All documents forwarded for service under the provisions of the Convention must be in duplicate. The “Request and Summary” are not translated.

COSTS: There is generally no fee required in connection with service through the Central Authority under the Convention.

METHODS OF SERVICE: Article 5(b) – Personal Service: If personal service is required, strike out 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.

COMPLETING THE USM-94 FORM: To obtain guidance on completing the USM-94 form, consult our general flyer on the “Hague Service Convention” available via our home page on the Internet or via our automated fax service. See “Additional Information” below.

TRANSMITTING THE COMPLETED REQUEST: The completed request form and documents to be served, (two copies of each), should be mailed by requesting counsel as the “applicant” directly to the foreign Central Authority as provided by Article 3 of the Convention. See our flyer, “Hague Service Convention”, for details regarding completion and transmittal of the forms and accompanying documents.

OTHER METHODS: Denmark did not make any reservations with respect to service by international registered mail or service by agent.

OBTAINING EVIDENCE

APPLICABLE TREATIES OR OTHER AGREEMENTS: The Vienna Convention on Consular Relations, 21 UST 77; 596 UNTS 261; TIAS 6820 (Article 5);

Hague Convention on the Taking of Evidence Abroad in Civil and Commercial Matters, 28 USCA 1781 (1980 Cumulative Suppl) and 23 UST 2555; TIAS 7444. See also the law digest volume of the Martindale-Hubbell Law Directory under selected international conventions. Articles 15-16 of the Hague Evidence Convention provide for the taking of evidence of willing witnesses by diplomatic and consular officers.

DEPOSITIONS OF WILLING WITNESSES: Depositions of willing witnesses abroad may be taken on notice or pursuant to a commission before any consul or vice consul of the United States (22 USC 4215; 4221; 18 USC, Appendix, Rules of Criminal Procedure, Rules 15 and 17; 28 U.S.C., Appendix, Rules of Civil Procedure, Rules 28-31.) Pursuant to Articles 15 and 16 Denmark has made a statement that depositions may not be taken by diplomatic or consular officers without prior permission from the Danish Ministry of Justice. The Ministry is extremely reluctant granting such permission. This is irrespective of the nationality of the witness. According to the Danish Ministry of Justice, it is a prompt, easy and inexpensive process to take evidence at Danish courts, and therefore the Ministry is of the opinion that generally there is no reason to use a method which, pursuant to the Danish conception of law, appears less satisfactory. Voluntary witnesses deposed outside Danish courtrooms cannot be prosecuted under Danish law for perjury. Telephone depositions are not permitted. Upon ratification Denmark declared that, pursuant to Article 17, the taking of evidence by commissioners is not permissible in Denmark.

SCHEDULING A DEPOSITION AT THE U.S. EMBASSY (provided permission has been obtained from the Danish Ministry of Justice): Services of the U.S. consular officer in connection with oral depositions or depositions on written questions must be scheduled in advance directly with the Embassy. Contact the American Citizens Services Unit of the Consular Section of the U.S. Embassy in Copenhagen (Tel: 45-3341-7441; Fax: 45-3538-9616). Also, consult the Office of American Citizens Service’s general flyer “Obtaining Evidence Abroad”. See “Additional Information” below.

STENOGRAPHERS/TRANSLATORS: Foreign language court stenographers are not available in Denmark. Interpreter services, however, are widely available. Consult the U.S. Embassy for additional information.

HOST COUNTRY CLEARANCE – PARTICIPATION OF LOCAL, STATE OR FEDERAL GOVERNMENT OFFICIALS FROM THE UNITED STATES: if a local, state, or federal government official from the United States intends to participate in the voluntary deposition of a willing witness abroad, formal host country and U.S. Embassy clearance is required. This can be obtained by contacting the Office of American Citizens Services. The request should be made at least ten days prior to the taking of the deposition to allow sufficient time for local authorities to make a determination about the official travel.

COMPULSION OF TESTIMONY, DOCUMENTARY OR PHYSICAL EVIDENCE: If compulsion of evidence is required, in civil, commercial, and some administrative cases (considered by foreign Central Authority on a case by case basis) the Hague Evidence Convention provides a “Model Letter of Request” which should be transmitted, in duplicate, directly from the court in the United States seeking assistance to the Danish Ministry of Justice, International Office, Tel: 45-3392 3340; Email: jm@jm.dk
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.

DANISH CENTRAL AUTHORITY:

Danish Ministry of Justice (Justitsministeriet)
Slotsholmsgade 10
1216 Copenhagen K
Denmark
TEL: 45-3392-3340; FAX: 45-3393-3510
Email: jm@jm.dk

TRANSLATIONS: The Danish Central Authority has advised the Hague Conference on Private International Law that requests for compulsion of evidence under the provisions of the Convention must be submitted in duplicate and must be written in or translated into the Danish language.

TRANSMITTAL OF A REQUEST: The request should be transmitted to the foreign Central Authority as explained in our general flyer on the operation of the Hague Evidence Convention.

CRIMINAL CASES: There is no mutual legal assistance treaty in force between the United States and Denmark. Requests for evidence in criminal cases must be made in the form of letters rogatory. See our general flyer regarding Preparation of Letters Rogatory. For information regarding bilateral Mutual Legal Assistance Treaties in Criminal Matters (MLAT), see our general flyer “Obtaining Evidence Abroad”.

ENFORCEMENT OF JUDGMENTS: There is no treaty, convention or other international agreement in force between the United States and Denmark regarding enforcement of judgments.

LISTS OF FOREIGN ATTORNEYS: A list of attorneys in Denmark prepared by the U.S. Embassy is available from the Office of American Citizens Services or directly from the U.S. Embassy . It may also be downloaded from http://www.usembassy.dk

AUTHENTICATION OF DOCUMENTS: Denmark is not a party to the Hague Convention Abolishing the Requirements for Legalization of Foreign Public Documents (TIAS I0072; 527 UNTS 189; 20 Int’l Legal Materials 1405 – 1419 (1981).) Please see our general flyer for authentication of documents in non-Hague Countries available via our home page on the Internet or via our automated fax service. (See “Additional Information” below.) Visit the State Department Authentication Office home page at http://www.gov/aboutstate/authenticate.

U.S. EMBASSY LOCATION:
Dag Hammarskjolds Alle 24
2100 Copenhagen
Denmark. TEL: 45-3341-7100; FAX: 45-3538-9616
Web site: www.usembassy.dk
Email: CopenhagenACS@state.gov

ADDITIONAL INFORMATION: The Office of American Citizens Services has several general information flyers on international judicial assistance. Topics include:

Preparation of Letters Rogatory
Obtaining Evidence Abroad
Service of Process Abroad
Authentication of Documents
Hague Legalization Convention
Hague Evidence Convention
Hague Service Convention

Using the Internet: These flyers are also available on the Internet via the Department of State, Bureau of Consular Affairs home Page at http//travel.state.gov under Judicial Assistance or via the main State Department Home Page at http://www.state.gov/ under Travel. See also, the Department of State, Office of Legal Adviser for Private International Law (L/PIL) home page.

TREATY DATABASES ON THE INTERNET:

United States Department of State, Office of Legal Adviser, Treaty Affairs, List of Treaties and Other International Agreements of the United States in Force:
http://www.state.gov/www/global/legal_affairs/tifindex.html

United Nations (UN): Databases/Treaties at http://untreaty.un.org

Council of Europe (COE) : http://www.coe.fr/index.asp under Texts/Treaties http://conventions.coe.int/

Organization of American States (OAS) : http://www.oas.org under Documents/Treaties and Conventions.

ADDITIONAL QUESTIONS: If you have further questions, contact the Office of American Citizens Services, CA/OCS/ACS, Department of State, Room 4817 NS, Washington, D.C. 20520, TEL: (202) 647-5226.

U.S. CENTRAL AUTHORITY:

Office of International Judicial Assistance
Civil Division
Department of Justice
1100 L St., NW, Room 11006
Washington, D.C. 20530
TEL: (202) 307-0983
FAX: (202) 514-6584.

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