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EmailJudicial Assistance Germany
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.
Summary
Service of Process
Obtaining Evidence Summary
Criminal Matters
Authentication of Documents
U.S. Embassy and Consulates in Germany
Lists of Attorneys in Germany
Links
Selected Bibliography
Summary: Judicial assistance between the United States and Germany is governed by the Vienna Convention on Consular Relations (VCCR), 21 UST 77, TIAS 6820, 596 U.N.T.S. 261; the Hague Convention on the Service Abroad of Judicial and Extra-Judicial Documents in Civil and Commercial Matters , 20 UST 361, TIAS 6638, 658 UNTS. 163; the Hague Convention on the Taking of Evidence Abroad in Civil and Commercial Matters, 23 UST 2555, TIAS 7444, 847 UNTS 231; the Hague Convention Abolishing the Requirement for Legalization of Foreign Public Documents, 33 U.S.T. 883, TIAS 10072, 527 UNTS 189 and bilateral agreement relating to the taking of evidence Exchange of Notes at
Bad Godesberg and Bonn February 11, 1955, January 13 and October 8, 1956; Entered into Force October 8, 1956, 32 UST 4181,
TIAS 9938, 1265 UNTS 41; Agreement relating to the taking of evidence. Exchange of notes at Bonn October 17, 1979 and February
1, 1980; entered into force February 1, 1980, 32 UST 4189, TIAS 9938, 1265 UNTS 46.
Service of Process: The Hague Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil and Commercial Matters is in force between the United States and Germany. Requests for service of process on persons or entities located in Germany,
utilizing the USM-94 form or the Hague Conference Service Request Form, should be sent to the appropriate German Central Authority for that Convention for service by German authorities. The persons
and entities within the United States competent to forward service requests pursuant to Article 3 include any court official,
any attorney, or any other person or entity authorized by the rules of the relevant court. Requesters should cite Rule 4 of
the Federal Rules of Civil Procedure or similar state statute. Germany designated multiple regional (Lander) authorities.
Contact and practical information regarding requests for service of process in Germany may be found on the Hague Conference
website. Germany made a reservation stating that the documents to be served must be accompanied by German translations. The documents
to be served and their translations should be in duplicate. The "Request and Summary" portion of the USM-94/Service Request
Form need not be translated into German.
Germany made a declaration objecting to service under Article 10(a) (postal channels), Article 10(b) (judicial officers) and Article 10(c) (judicial officers, officials or other competent persons of the State of destination). Any other methods of service, including attempts at service by mail, are considered illegal in Germany and an affront to its judicial sovereignty.
For additional information, see the Hague Conference Service Convention webpage. For general guidance see the new edition of the Practical Handbook on the Operation of the Hague Service Convention. See also the German response to the 2008 Questionnaire about the Service Convention prepared by the Hague Conference on Private International Law and the German response to the 2003 Service Questionnaire.
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: The Hague Convention on the Taking of Evidence Abroad in Civil and Commercial Matters is in force between the United States and Germany. Germany made specific reservations and declarations regarding the applicability of certain articles of the Convention which should be reviewed carefully. See also Germany’s response to the 2008 Hague Conference Questionnaire on the Operation of the Evidence Convention and Germany’s response to the 2003 Questionnaire.
Compulsion of Evidence Civil and Commercial: Requests to compulsion of evidence in civil and commercial matters should be prepared using the Hague Model Letter of Request and submitted by the court in the United States to the appropriate regional (Lander) German Authority. Contact information
is available in the authorities section of the Hague Conference web page for the Evidence Convention.
Translations: The Federal Republic of Germany made a reservation provided for in the first sentence of paragraph 1 of Article 33 of the
Convention excluding the application of the provisions of paragraph 2 of Article 4 of the Convention. Letters of Request to
be executed under Chapter I of the Convention must, in accordance with paragraphs 1 and 5 of Article 4 of the Convention,
be in the German language or be accompanied by a translation into that language.
Voluntary Depositions Civil and Commercial: Depositions may also be taken of willing witnesses before U.S. Consular Officers at the U.S. Consulate in Frankfurt only, not at the U.S. embassy or other U.S. consulates in Germany, and only with the prior permission of the Central Authority, provided no compulsion is used. The request to give information may not be called a “summons” and the interview may not be called an “interrogation.”
Permission from the German Central Authority: When a U.S. Consulate in Frankfurt receives a request for the taking of a deposition of a willing witness, this is transmitted to the U.S. Embassy in Berlin. The U.S. Embassy makes a formal request by note verbale to the German Ministry of Justice for permission to take the deposition. Depending on what German land the witness(es) live in, the Ministry of Justice then forwards the request to the Land Ministry. The witness(es)are then contacted by that office and briefed on their role(s). Witnesses have a right to be accompanied by an attorney. Requestors should allow 30 days for this process. Specific guidance about the taking of depositions in Germany is available on the U.S. Consulate General webpage.
Additional Clearance for U.S. Officials: U.S. and state officials participating in depositions in Germany must also obtain host country clearance which requires that the U.S. Department of State send notification to the U.S. Consulate General.
Consular Fees: See 22 CFR 22.1 regarding current consular fees.
Criminal Matters: The United States signed a Mutual Legal Assistance Treaty in Criminal Matters with Germany October 14, 2003, Treaty Doc. 108-27, 108th Cong. 2d Sess.; Exec. Rept. 109-14, 109th Cong. 2d Sess. The United States and the Federal Republic of Germany signed a Supplementary Treaty to the Mutual Legal Assistance Treaty in Criminal Matters on April 18, 2006, Treaty Doc. 109-13, 109th Cong. 2d Sess. Both treaties entered into force on October 18, 2009. Local, state, and federal prosecutors in the United States interested in obtaining evidence in Germany in criminal matters 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, European and Eurasian Affairs 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: Germany is 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. Germany designated multiple authorities in the Lander to issue apostilles. Contact information is available in the authorities section of the Hague Conference Apostille web page.
Lists of Attorneys in Germany: See the lists of attorneys prepared by the U.S. Embassy and Consulates in Germany. See also Retaining a Foreign Attorney.
U.S. Embassies and Consulates in Germany:
Please note, all telephone numbers are listed for dialing from the United States. When calling from within Germany, the country code is not necessary and a zero is added before the city code. For example: (40)(69)7535-0 becomes (069)7535-0.
U.S. Consular Sections are located at:
U.S. Embassy Berlin
Clayallee 170, 14195 Berlin
Tel. (49)(30)8305-0(emergency services only)
Tel. (49)(30)832-9233(routine calls and information requests, 2-4p.m. Monday-Friday)
Fax(49)(30)8305-1215
American Citizen Services Email: ACSBerlin@state.gov
U.S. Consulate General Frankfurt
Giessener Str. 30, 60435 Frankfurt am Main
Tel. (49(69)(7535-0(emergency services only)
Tel.(49)(69)7535-2102(routine calls and information requests, 2-4p.m. Monday-Friday
Fax: (49)(69)7535-2252
American Citizen Services Email: GermanyACS@state.gov
Passport Inquiries Email: FrankfurtPassorts@state.gov
U.S. Consulate General Munich
Koenigstrasse 5, 80539 Munich
Tel. (49)(89)2888-0
Fax (49(89)280-9998
U.S. Consulate Leipzig (emergency services only)
Wilhelm-Seyfferth-Strasse 4, 04107 Leipzig
Tel. (49(341)21-8418
Fax: (49(341)213-8417
There is also a U.S. consular agency in Bremen at: Bremen World Trade Center, Birkenstrasse 15,
Tel. (49)(421)301-5860; Fax: (49)(421)301-5861.
Consular services are no longer available in Hamburg or at Consulate General Dusseldorf.
Depositions are only taken at the U.S. Consulate General in Frankfurt. No depositions are taken at the U.S. Embassy in Berlin or any other U.S. Consulate in Germany.
U.S. Government Links
Library of Congress Guide to Law Online – Germany
Germany Background Notes
World Fact Book - Germany
NGO Links
European Judicial Network in Civil and Commercial Matters - Germany
European Judicial Network in Civil and Commercial Matters – Germany Taking of Evidence and Mode of Proof
Germany Links
German Federal Ministry of Justice
German Ministry of Justice – Courts of Law of the German Federal Republic
German Ministry of Justice – Criminal Justice in Germany
Baumgartner, Is Transnational Litigation Different? Case Study: The United States and Germany, 25 U. Pa. J. Int’l Econ. L. 1297 (2004)
Bolt & Wheatley, Private Rules for International Discovery in U.S. District Court: The U.S.-German Example, 11 UCLA J. Int’l L. & For. Aff. 1 (2006).
Martens, German Civil Procedure and the Implementation of the Hague Evidence Convention, 1 International Litigation Quarterly 115 (1985)
Shemanski, Obtaining Evidence in the Federal Republic of Germany: The Impact of the Hague Evidence Convention on German-American Judicial Co-operation, 17 International Lawyer 465 (1983).
Updated December 2009 - Office of Policy Review and Inter-Agency Liaison: askpri@state.gov
