Travel.State.Gov > Legal Resources > Judicial Assistance Country Information > Fiji Judicial Assistance Information
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.
Fiji is not a party to the Hague Convention on Service Abroad of Judicial and Extra-Judicial Documents in Civil and Commercial Matters. U.S. consular officers are generally prohibited from serving legal documents (22 CFR 92.85). In the absence of any prohibition against it, service of process in Fiji may be effected by mail, by agent, such as a local attorney, or via letters rogatory. Service by letters rogatory through the diplomatic channel can take more than a year. See the Department of State circular on Preparation of Letters Rogatory. You may wish to consult an attorney in Fiji before selecting a particular method of service to attempt to ensure that the procedures you follow are in accordance with local law. This may be particularly significant if you wish to enforce a judgment issued by a court in the United States.
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
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.
Fiji is not a party to the Hague Convention on the Taking of Evidence Abroad in Civil and Commercial Matters. Compulsion of evidence may be sought in Fiji via letters rogatory. For general guidance about preparation and transmittal of such requests, see our Preparation of Letters Rogatory circular. 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, East Asia and Pacific Division, CA/OCS/ACS/EAP. Mailing address: SA-17, 10th Floor, 2201 C Street N.W., Washington, D.C. 20522-1710. Authorities in Fiji have advised the U.S. Embassy that letters rogatory are executed by Fijian authorities under Order 39, rule 11 of the Rules of the Supreme Court of Fiji. You may wish to consult a local attorney in Fiji before pursuing letters rogatory to determine if alternative procedures are acceptable under local law.
The U.S. embassy has been informed by the Government of Fiji that the laws and regulations of Fiji do not prohibit the taking of voluntary depositions. Depositions may be taken of willing witnesses before a U.S. consular officer from the U.S. embassy either on notice or pursuant to a commission. If the services of a U.S. consular officer are required to administer an oath to the witness, interpreter and stenographer, contact the American Citizen Services. You may wish to consult a local attorney in Fiji to determine if alternative procedures are acceptable under local law.
Fiji is a party to the Hague Convention Abolishing the Requirement for Legalization of Foreign Public Documents. Fiji’s competent authority for the Hague Apostille Convention will authenticate Fijian public documents with Apostilles. For information about authenticating U.S. public documents for use in Fiji, 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.