Service in Pakistan


DISCLAIMER: THE INFORMATION IN THIS CIRCULAR RELATING TO THE LEGAL REQUIREMENTS OF SPECIFIC FOREIGN COUNTRIES IS OBTAINED FROM PAST EXPERIENCE AND IS NOT NECESSARILY AUTHORITATIVE. QUESTIONS INVOLVING INTERPRETATION OF SPECIFIC FOREIGN LAWS SHOULD BE ADDRESSED TO FOREIGN COUNSEL, AND NOT TO U.S. EMBASSIES OR CONSULATES. This is general information on the service of legal documents abroad and letters rogatory.This information regarding service of legal documents in Pakistan is intended only as a general guideline. The Department of State does not guarantee its accuracy. It is the obligation of counsel to research all aspects of foreign as well as domestic law.
Civil/Commercial Cases
The Government of Pakistan acceded to The Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters , and on August 1, 1989, the Convention entered into force for Pakistan. The Government of Pakistan has designated the Solicitor, Ministry of Law, Justice and Parliamentary Affairs, R Block, Pakistan Secretariat, Islamabad, Pakistan, as the Central Authority to receive requests for service. Such requests should be sent directly to the Central Authority. If an attorney in the U.S. is making the request for service in accordance with Rule 4 of the Federal Rules of Civil Procedure, the attorney should cite that rule on the request form. Accompanying documents should preferably be in English or translated into English. However, documents in the Urdu language only, if not translated into English, could also be accepted.
Criminal Cases
Letters rogatory sent through the Department of State to the Government of Pakistan are the method preferred by Pakistan in order to serve legal documents originating outside Pakistan. Other methods of service, however, may be used, although it appears that a person has the right to refuse service not made through official channels. The Government of Pakistan is opposed to service of judicial documents upon persons (other than nationals of the requesting states) residing in Pakistan, directly through diplomatic and consular agents of the requesting states. However, it has no objection to such service by postal channels directly to the persons concerned or directly through the judicial officers of Pakistan if such service is recognized by the law of the requesting state. If service is attempted through postal channels, registered mail should be used. The Department of State understands that it can take two weeks for an airmail letter to reach Pakistan and as much as two months for letters sent by surface mail to arrive. A similar amount of time would be required for the postal receipt to be returned to the United States. Mail service is not reliable in all parts of Pakistan.A Pakistani attorney may be able to serve American legal documents or arrange with a local court to have them served. There is no need to translate letters rogatory and related documents into Urdu. Documents which are not in English or Urdu should be translated into English. There is no objection if someone voluntarily accepts service effected by means other than letters rogatory, and no penalty for attempting other methods of service. A definitive opinion on what would be an acceptable method of service in Pakistan in a particular case can be given only by a Pakistani attorney or other person well versed in Pakistani law. The Pakistani Embassy may be able to provide some clarification. It can be reached at (202) 939-6200.

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