Ireland 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.

Summary :  Judicial assistance between the United States and Ireland is governed by the Vienna Convention on Consular Relations (VCCR), 21 UST 77, TIAS 6820, 596 U.N.T.S. 261 and the Hague Convention on the Service Abroad of Judicial and Extra-Judicial Documents in Civil and Commercial Matters , 20 UST 361; to which the United States and Ireland are parties.

Service of Process :  Ireland is a party 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 Ireland should transmit 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 Irish Central Authority (The Master of the High Court, Inns Quay, Dublin 7, Ireland).  The person executing the request form should be either an attorney or clerk of court.  The applicant should include attorney at law or clerk of court title on the identity and address of applicant and signature/stamp fields.  The languages used by the Irish Central Authority’s staff are Irish (Gaelic) and English.  International service of process by registered mail is allowed in Ireland, but this method will only record delivery to an address and not to a person.  For general guidance about how to transmit requests for service of process, see our Hague Service Convention feature.  See Ireland’s extensive response to the 2003 Questionnaire in preparation for the Special Commission on the Practical Operation of the Hague Service Convention and the new edition of the Practical Handbook on the Operation of the Hague Service Convention.  Ireland permits the service of criminal subpoenas upon U.S. citizens, and upon Irish citizens and third-country nationals in any manner by private process servers.  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.

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 (Overview):  Ireland is not a party to the Hague Convention on the Taking of Evidence Abroad in Civil and Commercial Matters. 

Taking Depositions of Willing Witnesses :  Voluntary depositions may be taken by U.S. Consular Officers and private attorneys. At such depositions Irish, U.S. and third-country nationals may be deposed.

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 description sufficient to identify the person or group to which the person belongs (e.g. "Custodian of records of Jones, Inc"). Reasonable written notice must be given to the person from whom the deposition will be taken by the party or attorney proposing to take the deposition with a copy of the opposing party or attorney of record.

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, Dublin, Ireland."

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:

  1. Counsel’s full name, address, telephone number and email address;
  2. A brief description of the nature of the case and the purpose of the deposition;
  3. Full name and address of the persons to be deposed;
  4. Whether the persons are willing to be deposed;
  5. Suggested dates for taking the deposition or a period within which the deposition should be taken;
  6. Whether the deposition will be on oral or based on written questions;
  7. Whether a stenographer will be necessary; if so, the requesting party should be advised that it is their responsibility to inform the stenographer of the deposition arrangements. The American Citizen Services Unit (ACS) at the U.S. Embassy, Dublin, may assist in providing a list of local stenographers if requested;
  8. Number of people attending the deposition;
  9. Whether the consular officer be requested to preside at the entire proceedings or can he/she withdraw, subject to recall, after administering the appropriate oath(s);
  10. 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 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 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 Dublin. 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 Irish Customs and Excise, Dublin Castle, Dublin 2, Tel: (353)(1) 679-2777, before such equipment can be taken into Ireland. Without clearances, the equipment may be confiscated.  American equipment may need special adapters to function on Irish 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 Ireland For Judicial Assistance Activities:  Before traveling to Ireland 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 a U.S. federal, state or local official will participate in the deposition, contact the Office of American Citizens Services and Crisis Management, European Division (1-888-407-4747) for assistance in obtaining host country clearance for the travel of U.S. officials to conduct judicial assistance activities abroad. 

Compulsion of Evidence:  Compulsion of evidence from an unwilling witness must be taken before an Irish court and generally may be requested pursuant to a letter rogatory transmitted via the diplomatic channel.  See our guidance on preparation of letters rogatory.  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, European Division, CA/OCS/ACS/EUR.   Mailing address:  SA-29, 4th 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 charged for letters rogatory at the request of U.S., state or local government officials or at the request of parties who have been found to be indigent by a court..

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 U.S. – Ireland bilateral Mutual Legal Assistance in Criminal Matters treaty (Treaty Doc. 107-9, 107th Cong., 2d Sess.).  The treaty was signed January 18, 2001 but is not yet in force.

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, European 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.  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 charged for letters rogatory at the request of U.S., state or local government officials.

Authentication of Documents:  Ireland 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.  Additional guidance for consular officers about authentication of documents is available at 7 Foreign Affairs Manual 870. 

Enforcement of Judgments:  There is no treaty in force between the United States and any country on the reciprocal enforcement of judgments in general.  There is a bilateral agreement (reciprocal declaration) in force between the United States and Ireland on Child Support Enforcement .  In Ireland, the official agency for handling requests is the Central Authority for Maintenance Recovery, Department of Equality and Law Reform , 43-49 Mespil Road, Dublin 4. Tel: 353-1-667-0344, fax 353-1-667-0367.  The U.S. Central Authority is the Office of Child Support Enforcement in the Department of Health and Human Services .

Lists of Attorneys in Ireland:  See the U.S. Embassy in Dublin List of Attorneys.  See also Retaining a Foreign Attorney

ADDRESS OF THE AMERICAN EMBASSY IN IRELAND:
The Embassy of the United States of America
42 Elgin Road, Ballsbridge
Dublin, Ireland
Telephone: (353)(1) 668-7122
FAX: (353)(1) 668-8056

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