Israel 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.

NOTE: THE INFORMATION IN THIS CIRCULAR DOES NOT PERTAIN TO JERUSALEM, THE WEST BANK OR GAZA .

Summary

Service of Process

Service of Subpoenas

Service on a Foreign State

Taking Depositions of Willing Witnesses

Travel to Israel Related to Judicial Assistance

Compulsion of Evidence

Criminal Matters

Defense Requests in Criminal Matters

Authentication of Documents

Enforcement of Judgments

Lists of Attorneys in Israel

U.S. Embassy Address and Contact Information

Links

Selected Reference

Summary: Judicial assistance between the United States and Israel is governed by the Vienna Convention on Consular Relations (VCCR)(Article 5(f)), 21 UST 77, TIAS 6820, 596 U.N.T.S. 261; the bilateral U.S. Israel Mutual Legal Assistance in Criminal Matters Treaty (Treaty Doc. 105-40, 105^th Cong., 2d Sess., Exec. Rept. 105-22, 105^th Cong., 2d Sess.)(entered into force May 25, 1999); the Hague Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil and Commercial Matters, 20 UST 361 and the Hague Convention on the Taking of Evidence Abroad in Civil and Commercial Matters, 23 UST 2555, TIAS 7444, 847 U.N.T.S. 231; to which the United States and Israel are parties.

Service of Process: The United States and Israel are parties to the Hague Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil and Commercial Matters. Persons requesting service of process of U.S. documents in Israel under this treaty should execute the USM-94 form or the new interactive Service Convention form available from the Hague Conference web page. The request form should be completed in duplicate and submitted with two sets of the documents to be served directly to the Israeli Central Authority. For general guidance about how to transmit requests for service of process, see our Hague Service Convention feature. See the new edition of the Practical Handbook on the Operation of the Hague Service Convention.

Who Should Complete the Application: It is our understanding that Israel will process a request for service of documents only if the request "emanates from a judicial authority, i.e., the clerk of court. Israel does not consider private attorneys to be officers of the court. The United States has informed the Hague Conference on Private International Law and Israel that pursuant to Rule 4 of the Federal Rules of Civil Procedure and comparable U.S. state laws, attorneys are competent to execute the Hague Service Request application in the United States. This is also reflected in the new edition of the Practical Handbook on the Operation of the Hague Service Convention published by the Hague Conference. Nevertheless, Israel may reject service applications that do not include the seal of the court and signature and title of the clerk of court. If that is not possible, a covering letter from the judge or clerk to the Director of Courts ( Israel ’s Central Authority) might enable the request executed by a private attorney to be served without going through diplomatic channels. The request then may be sent directly to The Israeli Central AuthorityDirectorate of Courts, 22 Kanfei Nesharim St., Jerusalem , 95464. The telephone number is (972) (2) 655-6843. The fax number is (972) (2) 655-6846. See the Hague Conference web page for the most up to date information regarding the Israeli Central Authority.

Method of Service Requested: We understand that the Director of Courts generally serves documents by mail. If another method of service is required or preferred, that method should be specified and relevant laws or regulations should be cited in the space provided on the Request for Service Abroad of Judicial or Extrajudicial Documents.

Service of Criminal Subpoenas: U.S. consular officers are permitted to serve criminal subpoenas on U.S. citizens and U.S. Lawful Permanent Residents abroad pursuant to 22 CFR 92.86, when specifically authorized by the Department of State.

Service on a Foreign State : 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.

Taking Depositions of Willing Witnesses: The United States and Israel are parties to the Hague Convention on the Taking of Evidence Abroad in Civil and Commercial Matters. Israel did not object to the provisions of Chapter II of the Convention regarding the taking of voluntary depositions of willing witnesses by consular officers or commissioners. This includes the taking of depositions by consular officers and private attorneys from the United States . Voluntary depositions may be taken by U.S. Consular Officers and private attorneys. At such depositions Israeli, U.S. and third-country nationals may be deposed. The taking of telephone and video-teleconference testimony of willing witnesses is permitted.

A deposition can be taken on notice from either party’s attorney or pursuant to a commission issued by a U.S. court. If taken on notice, the notice must state the time, place for taking the deposition and the name and address of each person to be examined. If a description is provided, it must be sufficient to identify the person or group to which the person belongs (e.g. "Custodian of records of Jones, Inc").

A commission is a written authority issued by a court, giving permission to take the testimony of witnesses who cannot appear personally to be examined in the court or body issuing the commission. A commission or notice requesting that a United States consular officer take a deposition should be addressed to "any consul or vice consul of the United States of America at American Embassy, Tel Aviv, Israel ."

Whenever a party to a judicial proceeding in the United States wishes to have a consular officer preside at the taking of a deposition, the following information should be requested:

A) Counsel’s full name, address, telephone number and email address;

B) A brief description of the nature of the case and the purpose of the deposition;

C) Full name and address of the persons to be deposed;

D) Whether the persons are willing to be deposed;

E) Suggested dates for taking the deposition or a period within which the deposition should be taken;

F) Whether the deposition will be oral or based on written questions;

G) Whether a stenographer will be necessary; if so, the requesting party should be advised that it is its responsibility to inform the stenographer of the deposition arrangements;

H) Number of people attending the deposition;

I) Whether the consular officer is requested to preside at the entire proceedings or can he/she withdraw, subject to recall, after administering the appropriate oath(s);

J) Who will be responsible for payment of costs incurred?

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)).

Scheduling Depositions: If the deposition is to be conducted before a U.S. consular officer, American attorneys should make all necessary arrangements with the Embassy in Tel Aviv. It is the responsibility of the attorney to arrange for witness attendance. The consular section can provide resource information regarding court reporters and/or interpreters should they be required. It is the requesting counsel’s responsibility to make arrangements with witnesses regarding travel fees, witness fees, etc.

Videotape Equipment: If counsel intends to utilize videotape equipment for the purpose of recording the deposition, please note that special customs clearances must be obtained from Israeli authorities before such equipment can be taken into Israel . Without clearances, the equipment may be confiscated. American equipment may need special adapters to function on Israeli electrical currents.

Transcripts and Other Records of the Deposition: 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.

Travel to Israel For Judicial Assistance Activities: Before traveling to Israel for judicial assistance related activities, see the Country Specific Information and any applicable Travel Alerts or Travel Warnings. It is also recommended that U.S. travelers register with the U.S. Embassy using our on-line registration system. If the person traveling is a U.S. Government official, see Host Country Clearance Travel of U.S. Government Officials Regarding Judicial Assistance.

Compulsion of Evidence: The United States and Israel are parties to the Hague Convention on the Taking of Evidence Abroad in Civil and Commercial Matters. Compulsion of evidence from an unwilling witness must be taken before an Israeli court pursuant to a letter of request transmitted directly by a court in the United States to the Israeli Central Authority. Requests should be submitted in duplicate. Israel accepts requests in Hebrew or English. The letter of request should include the seal of the court and signature of the judge. See the model letter of request on the Hague Conference on Private International Law web page.

Criminal Matters: U.S. federal or state prosecutors should also contact the Office of International Affairs, Criminal Division, Department of Justice at (202) 514-0015 for guidance about the Treaty between the Government of the United States of America and the Government of Israel on Mutual Legal Assistance in Criminal Matters (Treaty Doc. 105-40, 105^th Cong., 2d Sess., Exec. Rept. 105-22, 105^th Cong., 2d Sess.). The treaty entered into force May 25, 1999.

Defense Requests in Criminal Matters: 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, Inter-American Division, 1-888-407-4747. For general guidance about preparation and transmittal of such requests, see our Letters Rogatory feature. 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. Courier service address: 2100 Pennsylvania Avenue N.W., Washington, D.C. 20037 . Fees: The consular fee for letters rogatory is set forth in 22 CFR 22.1. The current fee provided in 22 CFR 22.1 Schedule of Fees item 51 is $735.00, which should be furnished in the form of a certified or corporate check payable to the U.S. Embassy. No fees are normally charged for letters rogatory at the request of U.S. , state or local government officials or at the request of parties in criminal cases that have been found to be indigent by a court..

Authentication of Documents: Israel is a party to the Hague Convention Abolishing the Requirement for Legalization of Foreign Public Documents. In the United States documents originating with federal agencies may be authenticated with the Apostille certificate pursuant to this Convention by the U.S. Department of State Authentications Office. Documents originating with federal courts in the United States may be authenticated with the apostille by the clerks and deputy clerks of the federal courts. Documents originating with U.S. states or other jurisdictions may be authenticated with the Apostille certificate by designated U.S. state authorities. See the National Association of State Secretaries of State, notary public administrators section page for the designated U.S. state official authorized to issue Apostilles. For additional information about authentication of documents see our web page notarial and authentication feature. Additional guidance for consular officers about authentication of documents is available at 7 Foreign Affairs Manual 870. Documents originating in Israel may be authenticated with the Hague Apostille Convention Apostille certificate by the designated Israeli competent authority.

Enforcement of Judgments: There is no treaty in force between the United States and any country on the reciprocal enforcement of judgmentsin general.

Lists of Attorneys in Israel : See the U.S. Embassy in Tel Aviv List of Attorneys. See also Retaining a Foreign Attorney.

ADDRESS OF THE AMERICAN EMBASSY IN TEL AVIV: The U.S. Embassy is located at 71 Hayarkon Street in Tel Aviv. The U.S. mailing address is Unit 7228, Box 0001 , APO AE 09830. The telephone number is (972)(3) 519-7575.

Links