Travel.State.Gov > Legal Resources > Judicial Assistance Country Information > Tunisia 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.
Is Tunisia 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.
How should requests be completed?
Requests should be completed in duplicate and submitted with two sets of the documents to be served, and translations, directly to Tunisia’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. The documents must be translated into Arabic if the person served is not a U.S. national.
Does Tunisia permit service via postal channels?
Tunisia permits service via postal channels in accordance with Article 10(a) of the Hague Service Convention. Questions regarding the enforceability of U.S. judgments in Tunisian courts where service was achieved by mail may be directed to a local Tunisian attorney.
Does the nationality of the individual being served in any way affect the methods of service of process available?
The nationality of the individual does not affect the methods of service of process.
Does local law contemplate personal service effected by an agent, attorney, bailiff (hussier de justice) or other person authorized by local law without the involvement of the host government?
Yes, prosecutors may request bailiffs to deliver the notice in person. If bailiffs are unsuccessful, it is customary for them to seek assistance from local law enforcement.
For questions or more information, please contact a local Tunisian attorney.
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.
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 Tunisia 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 Tunisia 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 foreign attorneys permitted to take depositions of willing witnesses without the involvement of the host government or courts?
Tunisia is not a party to the Hague Convention on the Taking of Evidence Abroad in Civil and Commercial Matters.
All requests for obtaining evidence must be submitted via the letters rogatory process.
May consular officers conduct depositions of willing witnesses?
Tunisia views the letters rogatory process as the only pathway for taking depositions.
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.
Is Tunisia a party to the Hague Convention Abolishing the Requirement for Legalization of Foreign Public Documents?
The Apostille convention entered into force for Tunisia on March 30th, 2018.
How can I authenticate U.S. public documents for use in Tunisia?
For information about authenticating U.S. public documents for use in Tunisia, 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.