Switzerland Judicial Assistance

Switzerland is a party to the Hague Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil and Commercial Matters.  Complete information on the operation of the Convention, including an interactive online request form are available on the Hague Conference website.  Requests should be completed in duplicate and submitted with two sets of the documents to be served, and translations, directly toSwitzerland’s Central Authority for the Hague Service Convention.  The person in the United States executing the request form should be either an attorney or clerk of court.  The applicant should include the titles attorney at law or clerk of court on the identity and address of applicant and signature/stamp fields.  In its Declarations and Reservations on the Hague Service Convention, Switzerland formally objected to service under Article 10, and does not permit service via postal channels..  Switzerland also declared that the request and documents to be served must be translated into German, French or Italian depending on the part of Switzerland where the documents must be served.  For additional information see the Hague Conference Service Convention web page and the Hague Conference Practical Handbook on the Operation of the Hague Service Convention.  See also Switzerland’s response to the 2008 Hague Conference questionnaire on the practical operation of the Hague Service Convention.

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.

Service of Documents from Switzerland in the United States:  See information about service in the United States on the U.S. Central Authority for the Service Convention page of the Hague Conference on Private International Law Service Convention site.

Prosecution Requests: U.S. federal or state prosecutors should also contact the Office of International Affairs, Criminal Division, Department of Justice for guidance.

Defense Requests in Criminal Matters:  Criminal defendants or their defense counsel seeking judicial assistance in obtaining evidence or in effecting service of documents abroad in connection with criminal matters may do so via the letters rogatory process.

Switzerland is a party to the Hague Convention on the Taking of Evidence Abroad in Civil and Commercial Matters and designated several Central Authorities for the Hague Evidence Convention to receive letters of request for the taking of evidence based on the canton in Switzerland where the evidence or witness is located. Switzerland maintains a database with information about the authorities in each canton.  See the Hague Evidence Convention Model Letters of Request for guidance on how to prepare a letter of request.  Letters of Request should be prepared in duplicate.  Switzerland accepts Letters of Request written in or translated into German, French or Italian depending on the canton in Switzerland.  Requests for compulsion of evidence under the Hague Evidence Convention are transmitted directly from the requesting court or person in the United States to Switzerland’s canton designated Central Authorities and do not require transmittal via diplomatic channels.  See Switzerland’s Declarations and Reservations on the Hague Evidence Convention.  See also Switzerland’s response to the 2008 Hague Conference questionnaire on the practical operation of the Hague Evidence Convention.

Requests from Switzerland to Obtain Evidence in the United States:  The U.S. Central Authority for the Hague Evidence Convention is the Office of International Judicial Assistance, Civil Division, Department of Justice, 1100 L St., N.W., Room 11006, Washington, D.C. 20530, tel: 202) 307-0983; fax: (202) 514-6584.