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EmailJUDICIAL ASSISTANCE LUXEMBOURG
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.
Service of Process
Luxembourg 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 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)). 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 Luxembourg under the Convention through the Luxembourg 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.
COUNTRY CENTRAL AUTHORITY:
| Parquet General, pres la Cour Supérieure de Justice 12, Cote d''Eich L-1450 Luxembourg, Luxembourg Tel: (352) 47 59 81 1 |
TRANSLATIONS: The Luxembourg Central Authority has informed the Hague Conference for Private International Law that all documents forwarded to them for service under the provisions of the Convention must be in duplicate and must be written in or translated into French or German.
U.S. CENTRAL AUTHORITY: Office of International Judicial Assistance, Civil Division, Department of Justice, 1100 L St., N.W., Room 11006, Washington, D.C. 20530, tel: (202) 307-0983; fax: (202) 514-6584.
COSTS: There are generally no costs incurred 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.
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: Luxembourg 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);Bilateral Consular Convention (list citation and specific article)
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 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.) In Hong Kong, most voluntary depositions are taken in hotels and offices and do not involve participation by the U.S. consular officer. Telephone depositions are not permitted.
SCHEDULING A DEPOSITION AT THE U.S. EMBASSY: 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 U.S. Consulate General. Contact the American Citizens Services section of the Consular Section of the U.S. EMBASSY in Luxembourg via phone or fax as provided below. If the services of a U.S. consular officer are required to administer oaths to the witnesses, stenographer and any interpreter outside the Consulate General, additional fees are charged for such services. Consult the Office of American Citizens Service''s general flyer Obtaining Evidence Abroad .
STENOGRAPHERS/TRANSLATORS: Commercial stenographer and interpreter services are widely available in LUXEMBOURG. 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 foreign 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.
COUNTRY CENTRAL AUTHORITY:
| Parquet General, pres la Cour Supérieure de Justice 12, Cote d''Eich L-1450 Luxembourg, Luxembourg Tel: (352) 47 59 81 1 |
TRANSLATIONS: The Luxembourg 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 French or German 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: Requests for compulsion of evidence in criminal cases may be made in the form of a letter 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 . Defense counsel cannot utilize mechanisms provided for under MLAT agreements, and thus must follow the formal letter rogatory. Luxembourg is a party to a bilateral MLAT treaty (but this treaty is awaiting ratification).
LISTS OF FOREIGN ATTORNEYS: Lists of foreign attorneys prepared by the U.S. Embassy or Consulate are available from the Office of American Citizens Services or directly from the U.S. Embassy or Consulate.
AUTHENTICATION OF DOCUMENTS: Luxembourg is a party to the Hague Convention Abolishing the Requirement for Legalization of Foreign Public Documents (TIAS l0072; 527 UNTS 189; 20 Int''l Legal Materials 1405 - 1419 (1981).) The competent authority to issue certifications pursuant to the Convention, (known as "apostille" certificates) is address and phone number. See also our general flyer on the Hague Legalization Convention or 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. But see the State Department Authentications Office home page .
U.S. EMBASSY LOCATION: U.S. Embassy, Consular Section, American Citizens Services, 22, boulevard Emmanuel Servais, Tel: (352) 46 01 23 - 227, Fax: (352) 46 14 01, e-mail: usconsul@pt.lu .
ADDITIONAL INFORMATION : The Office of American Citizens Services has available general information flyers on international judicial assistance. These topics include:
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USING THE INTERNET: Many of our judicial assistance flyers are also available on the Internet via the Department of State, Bureau of Consular Affairs home page underJudicial Assistance . See also, the Department of State, Office of the Legal Adviser for Private International Law home page .
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: http://www.state.gov/www/global/legal_affairs/tifindex.html.
United Nations (UN): Databases/Treaties
Council of Europe (COE): under Texts/Treaties
Organization of American States (OAS): 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 48l7 N.S., Washington, D.C. 20520, tel: (202) 647-5226.
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