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.
Serbia is a party to the Hague Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil or 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 Serbia’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, Serbia formally objected to service under Article 10, and does not permit service via postal channels. For additional information see the Hague Conference Service Convention website and the Hague Conference Practical Handbook on the Operation of the Hague Service Convention. See also Serbia’s response to the 2008 Hague Conference questionnaire on the practical operation of the 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 Serbia 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.
Serbia is a party to the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters. The Hague Evidence Convention entered into force for Serbia August 31, 2012. Requests for compulsion of evidence under the Hague Evidence Convention should be transmitted directly from the requesting court or person in the United States to Serbia's Central Authority and do not require transmittal via diplomatic channels. See the Hague Evidence Convention Model Letters of Request for guidance on how to prepare a letter of request. Requests should be submitted in duplicate with Serbian translations. See the Serbian Declarations and Reservations regarding the Hague Evidence Convention.
Requests from Serbia 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.
Serbian Declarations and Reservations regarding the Hague Evidence Convention provide that diplomatic and consular officers may only conduct voluntary depositions of willing Serbian national witnesses after obtaining permission from the Central Authority for Serbia for the Hague Evidence Convention (Article 16) and persons appointed as commissioners (Article 17) may only conduct voluntary depositions of willing witnesses after obtaining permission from the Central Authority for Serbia for the Hague Evidence Convention. However, Serbia did not make any declarations with respect to Article 15, accordingly diplomatic and consular officers may conduct voluntary depositions of willing U.S. national witnesses for use in U.S. courts. Subject to the restrictions outlined above, telephone depositions and video teleconference testimony are possible in Serbia if the deponent agrees to be deposed voluntarily. Depositions can take place at any location, including a hotel, office or the U.S. Embassy. If the services of a U.S. consular officer are required to administer an oath to the witness, interpreter and stenographer, such arrangements must be made in advance with the U.S. embassy directly.
Serbia is a party to the Hague Convention Abolishing the Requirement for Legalization of Foreign Public Documents. Serbia’s competent authority for the Hague Apostille Convention will authenticate Serbian public documents with Apostilles. For information about authenticating U.S. public documents for use in Serbia, 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.