Slovak Republic Judicial Assistance

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).

Voluntary Depositions on Written Questions: Voluntary depositions on written questions may be taken in Slovakia. Requesting counsel should contact the U.S. Embassy to arrange a mutually convenient day or days when the deposition may be conducted. The American court order should be presented when scheduling the deposition with the Embassy. The legal counsel must make all the arrangements for the witness to appear and for stenographic or video services and translators if necessary. The U.S. consular officer will administer the oath to the witness, and if necessary to the stenographer, videotape operator or interpreter/translator, and withdraw, subject to recall. If the witness does not speak or read English adequately, a translation of the English text should be provided. A list of official sworn court translators is available at http://www.slov-trans.com/. The questions should be sent directly to the U.S. consular officer at the U.S. Embassy. If preferred, the witness may write down the answers to the questions, rather than dictate the answers to the stenographer or video tape operator. The U.S. consular officer will affix a closing certificate after the deposition is completed.

How Consular Depositions Are Conducted: Generally, consular officers preside over the taking of the deposition, following special instructions of the requesting court or parties. Actual asking of the questions is usually done by requesting counsel after the consular officer administers oaths to the witnesses, stenographers, interpreters, video-tape operators, etc. The consular officer then withdraws, subject to recall.

Scheduling Depositions: Contact the U.S. Embassy and make arrangements to schedule the availability of U.S. consular officer to conduct the deposition 2-3 months in advance. In general:

Please note that for administrative and security reasons, the embassy consular staff are not available for deposition taking outside of working hours 8:00 a.m. to 4:30 p.m. or on weekends or Slovak or U.S. holidays.
In addition, the Embassy cannot confirm a scheduled deposition until both the court order/commission and deposit for the prescribed deposition fee are received at the Embassy.
The embassy/consulate does not schedule the appearance of deponents or make arrangements for court reporters/stenographers or interpreters for private attorneys.

Consular Fees for Depositions: Current consular judicial assistance services fees are set forth in 22 CFR 22.1 . The current fees include:

22 CFR 22.1 Schedule of Fees item 52 a - Scheduling/arranging appointments for depositions (per daily appointment) - $475.00. This is a non-refundable fee.

22 CFR 22.1 Schedule of Fees item 52 b - Attending or executing commissions to take testimony (per hour thereof) - $265.00. If the consular officer administers the oaths and withdraws, subject to recall, at least one hour is charged pursuant to item 52b.

22 CFR 22.1 Schedule of Fees item 52 c - Swearing in witnesses for telephone depositions - $265.00.

22 CFR 22.1 Schedule of Fees item 52 d - Supervising telephone depositions (per hour or part thereof over the first hour - $265.00.

22 CFR 22.1 Schedule of Fees item 52 e - Providing seal and certification of depositions - $70.00.

In addition, actual costs for mailing transcripts must be furnished.

No fees are normally charged for depositions at the request of U.S., state or local government officials (22 CFR 22.1 Schedule of Fees item 53(a)) or at the request of parties in criminal cases that have been found to be indigent by the court (22 CFR 22.1 Schedule of Fees item 53(b)).

Video Tape Equipment : The embassy does not provide tapes, taping equipment or equipment operators. The embassy also does not provide commercial rates for tapes, taping equipment or equipment operators. Participants must make all arrangements directly with the service providers. For this purpose, you may contact Regus Slovakia, which is experienced in organizing videoconferences and providing equipment and technical support, at: http://www.regus.com/locations/SK/Bratislava/BratislavaCityCentre.htm

Participants using their own equipment are responsible for obtaining their own clearances from Slovak Customs authorities for bringing equipment into Slovakia. Check with the Consular Section of the Slovak Embassy in the U.S. for details. If you intend to bring equipment to Slovakia for the deposition, it is advisable to contact the Slovak technical support provider with details regarding that equipment to ensure that it is compatible to electrical equipment in Slovakia. After advance arrangements are completed, please so notify the U.S. Embassy a few days in advance of the actual deposition arrangements.

Signing, Certifying and Mailing Deposition Transcripts: Participants in a deposition may stipulate the manner in which the transcript of the deposition (any exhibits) should be signed, certified and mailed. The transcript may be forwarded to counsel rather than to the clerk of court which requested the deposition. Moreover, participants may stipulate that after the deposing of witnesses is completed and the stenographer transcribes the testimony, the transcript may be sent directly to the witness for signature or to counsel for the participants who will make arrangements directly with the witness for signature of the transcript. If required by local or federal regulations in the United States, the witness may bring the transcript to the American embassy or consulate for signature before a consular officer, making any necessary corrections in the presence of a consular officer. If required, a consular certification of the deposition may be made at this time. If you plan to have the deposition taped without subsequent transcription, the embassy/consulate asks that the court order or commission specify whether audio or videotape is to be used. Tapes may be sent directly by the embassy via registered air mail to either the person stipulated by the participants or directly to the court clerk immediately following completion of the deposition. Any change in the above procedures would have to be agreed to by both parties in the dispute and, if necessary, covered by an amended court order. Completed transcripts and related documents are sent via registered mail to the court in which the action is pending or to requesting counsel unless the action is a federal criminal case, in which case the documents are returned to the Department of State for onward transmission.

As described above, U.S. consular officers are permitted to administer oaths to witnesses, interpreters and/or stenographers. The only freelance stenographer known to the Embassy is:

Ms. Liskova, Stenografia
Cell: 001 421 908 107 285

Slovak courts use their own staff stenographers, who cannot be hired privately. Official sworn court interpreters in all languages are listed at www.slov-trans.com/. An excerpt is attached. Useful information on international judicial assistance is available at http://www.travel.state.gov/law/info/judicial/judicial_702.html
A complete listing of the members of the Slovak Bar Association, including English speakers, is available on line at www.sak.sk.

PARTICIPATION BY LOCAL, STATE OR U.S.GOVERNMENT 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 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: +421 2 5935-3111, +421 2 5935-3529. Fax: +421 2 5935-3602

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.

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 please 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:

an 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 Assistance 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: +421 2 5935-3111, +421 2 5935-3529. Fax: +421 2 5935-3602

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.

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 practice requires that the Slovak central authority transmit the certificate to the requesting foreign authority.

LIST OF FOREIGN ATTORNEYS: A list of Slovak attorneys who are members of the Slovak Bar Association is available at www.sak.sk. Contact information can also be obtained from the American Embassy in the Slovak Republic.

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 enclosed with a request for judicial assistance from Slovak authorities must be authenticated by Apostille under the Convention.

Judicial Assistance can be provided under the condition that it does not violate 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
EMAIL: 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 :
www.state.gov/s/l/

Ministry of Foreign Affairs of the Slovak Republic
www.foreign.gov.sk/

Ministry of Justice of the Slovak Republic
www.justice.sk

Hague Convention on Private International Law
www.hcch.net

10/2009

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