DISCLAIMER: THE INFORMATION IS PROVIDED FOR GENERAL INFORMATION ONLY AND MAY NOT BE TOTALLY ACCURATE IN A SPECIFIC CASE. QUESTIONS INVOLVING INTERPRETATION OF SPECIFIC FOREIGN LAWS SHOULD BE ADDRESSED TO THE APPROPRIATE FOREIGN AUTHORITIES OR FOREIGN COUNSEL.
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Denmark 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 to Denmark’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, Denmark formally objected to service under Article 10, and does not permit service via postal channels. 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 Denmark’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 Denmark 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.
Denmark is a party to the Hague Convention on the Taking of Evidence Abroad in Civil and Commercial Matters. The Central Authority for Denmark for the Hague Evidence Conventiondesignated to receive letters of request for the taking of evidence is the Ministry of Justice. See the Hague Evidence Convention Model Letters of Request for guidance on how to prepare a letter of request. Requests for compulsion of evidence under the Hague Evidence Convention are transmitted directly from the requesting court or person in the United States to the Danish Central Authority and do not require transmittal via diplomatic channels. Denmark accepts Letters of Request in Norwegian, Swedish and Danish. English language requests and accompanying documents should be accompanied by translations. Denmark will not accept Letters of Request in French. See the Danish Declarations and Reservations regarding the Hague Evidence Convention. See also Denmark’s response to the 2008 Hague Conference questionnaire on the practical operation of the Hague Evidence Convention.
Requests from Denmark 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 Street N.W., Room 8102, Washington, D.C. 20530.
Pursuant to Articles 15 and 16 of the Hague Evidence Convention, Denmark declared that depositions may not be taken by diplomatic or consular officers without prior permission from the Danish Ministry of Justice. The Ministry is extremely reluctant to grant such permission. This is irrespective of the nationality of the witness. According to the Danish Ministry of Justice, it is a prompt, easy and inexpensive process to take evidence at Danish courts, and therefore the Ministry is of the opinion that generally there is no reason to use a method which, pursuant to the Danish conception of law, appears less satisfactory. Voluntary witnesses deposed outside Danish courtrooms cannot be prosecuted under Danish law for perjury. Telephone depositions are not permitted. Denmark also declared that the taking of evidence by commissioners under Article 17 of the Convention is not permissible in Denmark.
Denmark is a party to the Hague Convention Abolishing the Requirement for Legalization of Foreign Public Documents. Denmark’s competent authority for the Hague Apostille Convention will authenticate Danish public documents with Apostilles. For information about authenticating U.S. public documents for use in Denmark, see the list of U.S. Competent Authorities. To obtain an Apostille for a U.S. Consular Report of Birth Abroad of a Citizen of the United States of America, contact the U.S. Department of State, Passport Services, Vital Records Office.