Travel.State.Gov > Legal Resources > Judicial Assistance Country Information > Malawi 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.
Area 40, City Center
Mailing Address: PO Box 30016
Lilongwe 3, Malawi
Local Mailing Address:
PO Box 30016, Lilongwe 3, Malawi
Telephone: +(265) 1-773-166, 1-773-342 and 1-773-367 (Dial "0" before the "1" within Malawi)
Emergency After-Hours Telephone: +(265) (0)999-591024 or +(265) (0) 888-734-826
Fax: +(265) 1-774-471 (Dial "0" before the "1" within Malawi)
Is Malawi 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.
Does Malawi permit service via postal channels?
Local law only allows service by mail of documents other than summonses in civil matters. For additional information and guidance see the Hague Conference Service Convention web page and the Hague Conference Practical Handbook on the 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 Malawi 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.
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.
Is Malawi a party to the Hague Convention on the Taking of Evidence Abroad in Civil and Commercial Matters?
How should letters of request be completed? Do they require transmittal via diplomatic channels?
All requests for obtaining evidence, including requests to compel evidence or to take voluntary depositions, must be submitted via the letters rogatory process.
Are depositions of willing witnesses without the involvement of the host government or courts permissible?
Foreign attorneys are not permitted to take depositions of willing witnesses without the involvement of the local courts. Instead, the court in Malawi must receive a letter of request from a court in another jurisdiction for the taking of evidence in Malawi, after which the court will take the deposition and send the record to the court in the other jurisdiction transmitted via the letters rogatory process.
May consular officers conduct depositions of willing witnesses?
Yes, Malawi allows consular officers to conduct depositions of willing witnesses.
May a local attorney petition a court to order the production of documentary or other physical evidence, or must this be requested via letters rogatory?
This must be requested via letters rogatory .
May local attorneys directly petition a court to conduct the deposition of an unwilling witness or must this be requested via letters rogatory?
This must be requested via letters rogatory. Ordinarily, upon a letter of request from the court in another jurisdiction being received by a court in Malawi, the court will take it upon itself to ensure that the deposition from a witness (willing or unwilling) is taken.
Is Malawi a party to the Hague Convention Abolishing the Requirement for Legalization of Foreign Public Documents?
The competent authority for the Hague Apostille Convention for Malawi will authenticate public documents with Apostilles.
How can I U.S. public documents for use in Malawi?
For information about authenticating U.S. public documents for use in Malawi, 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.