1. International Family Law, Legal Co-operation and Commerce; Promoting Human Rights and Cross- Border Trade in the Caribbean Through the Hague Conference Conventions July 13 th -15 th, 2016 Georgetown, Guyana Sponsored by the Ministry of Legal Affairs & Attorney General’s Chambers of Guyana, UNICEF and HCCH

2. The Office of The Attorney-General and The Ministry of Legal Affairs is the Central Authority for these matters.

3.   The Hague Convention on the Service Abroad of Extra Judicial Documents in Civil or Commercial Matters In The Bahamas these request are governed by:

4.  Applies in cases where States are not party to the Convention: 2. (1) This rule applies in relation to the service of any process required in connection with civil or commercial proceedings pending before a court or other tribunal of a foreign country where a letter of request from such a tribunal requesting service on a person in The Bahamas of any such process sent with the letter is received by the appropriate Minister of the Government and is sent by him to the Supreme Court with an intimation that it is desirable that effect should be given to the request. The Rules of The Supreme Court, Chapter 53 of The Statutes of The Bahamas, Order 64

5. Desiring to create appropriate means to ensure that judicial and extrajudicial documents to be served abroad shall be Desiring to create appropriate means to ensure that judicial and extrajudicial documents to be served abroad shall be brought to the notice of the addressee in sufficient time. Desiring to improve the organization of mutual judicial assistance for that purpose by simplifying and expediting the procedure.

6.  YEARAmount of REQUEST 2006103 200779 200874 200982 201084 201167 201259 201372 201458 201541 201635 (as of June) Number of Request 2006-2016 753

7.  Antigua & Barbuda- 2 Argentina-4 Australia-2 Austria-3 Belarus-3 Belgium-16 l a Brazil-2 Canada-24 China -1 Croatia-1 Czech Republic-3 Denmark-2 France-51 Germany-9 Greece-37 Hong Kong-3 India-6 Italy-57 Korea-7 Latvia-18 Luxembourg-9 Mexico-2 Monaco-4 Norway-1 Poland-1 Republic of Khakasia-1 Romania-1 Russia-61 Slovak Republic-1 Spain-1 St. Lucia-1 Sweden-2 Switzerland-41 Thailand-1 The Netherlands-22 Turkey-2 Ukraine-1 United Kingdom-16 United States-334 The Contracting States that request have been received for service 2006-2016 a total of 39

8.  The Top Eight Contracting States Request from 2006-2016 United States- 334 Russia-61 Italy-57 France-51

9.  The Top Eight Contracting States Request from 2006-2016 Switzerland-41 Greece- 37 Canada- 24 Netherlands-22

10. 11 Request not in compliance 700 Request Effected 42 Request Not Effected Status of the 753 Request

11.  Types of Documents Requested to be Served Law Suits Divorce Papers/ Alimony Child Support

13.   Letter of Request delivered to our offices.  An original with two copies (Summons, Affidavit and Court Documents).  Certified Translation of all documents if in an language other than English. Step One Documents Delivered

14.   Staff checks documents making sure that all the documents listed to be served are in the package.  Ensure that there is an original and two copies.  Checks to see if the date that the person being served to be in court has not passed.  Check to make sure the documents are stamped with the date received. Step Two Review Documents

15.  The certificate is copied and the person’s name to whom it is being served is printed on the top left of the certificate and the person serving the documents on the top right of the certificate, e.g. “JD-1” (John Doe). Original documents and the copied certificate are given to the person serving the documents (Process Server) Step Three Prepare Documents to be Served

16.  - Service is then ‘effected’ by leaving a copy of all relevant documents along with the appropriate translation with the individual or corporate entity to be served.  - Once service has been effected, or if there was a failure to effect service, the server will be required to produce an affidavit of service describing when, where and how the service (or failed attempts to serve) was carried out along with a statement of costs incurred as a result. Step Four Serve the Document

17.  Step Five Prepare Documents For Supreme Court The Process server shall leave with the Registrar of The Supreme Court a copy of the process: - an affidavit made by the person who served, or attempted to serve; -the process stating when, where and how he/she did or attempted to do so; and -a statement of the cost incurred in effecting, or attempting to effect service.

18.   The Registrar shall give a certificate — (a) identifying the documents annexed:  -the letter of request for service,  -a copy of the process received with the letter -a copy of the affidavit;  (b) certifying that the method of service of the process and the proof of service are such as are required by the rules of the Supreme Court regulating the service of process of that Court in The Bahamas or, if such be the case, that service of the process could not be effected for the reason specified in the certificate; and  (c) certifying that the cost of effect Step Six Supreme Court Certifies

19.   Upon return of the Certificate of Service of Foreign Process that has been signed by the Registrar of the Supreme Court, one copy is kept for the office’s file and the original is sent to the person who made the request along with the payment letter (one copy for the file). N.B. Presently each service is worth $80.00. Step Seven Forward the Documents

20.  Some of the Difficulties Experienced Requesting States sometimes do not provide proper address for service of documents e.g. John Doe, Fox Hill. It should be John Doe, #3 Banana Street, Fox Hill, P. O. Box N-000, Nassau, The Bahamas, and probably even a telephone contact should be included. Countries that are quite a distance from The Bahamas send documents to be served by regular mail. By the time Central Authority is in receipt of them, the court date has expired. They need to send them by courier, especially if the matter is urgent. Some Requesting States do not pay for the service. The Letters of Request do not provide the Central Authority with telephone/fax/email in the event the office requires “quick”information.

21.   The Process under the Hague Convention is more advantageous. -It is much faster ( the amount of time that it takes from the receipt of the request to it being effected, providing the necessary information is provided and the person doesn’t duck service ), average service is completed in about two weeks. -It uses standardized forms (the Request, the Certificate of Attestation) Hague Convention Advantageous

22.   Request was effected by a Letter Rogatory (which is a formal request to issue a judicial order from a court in the state where proceedings are underway to a court in another state).  This procedure generally requires  - transmission of the document to be served from the originating court to the foreign ministry in the state of origin.  - The foreign ministry in the state of origin forwards the request to the foreign ministry in the destination state.  - The foreign ministry then forwards the documents to the local court.  - The local court then makes an order to allow for the service.  - Once service is made, a certificate of service would then pass through the same channels in reverse. Versus the Process used prior to the Convention

23.   These request are governed by:  The Hague Convention on the Service Abroad of Extra Judicial Documents in Civil or Commercial matters; and  The Rules of The Supreme Court, Chapter 53 of The Statutes of The Bahamas, Order 64 Documents from The Bahamas sent Abroad for Service

24.  Argentina - 2 Brazil -1 Korea - 1 Mexico - 1 Switzerland - 5 United Kingdom -1 United States of America – 3 Total of 14 STATES where Request for Service were forwarded 2006-2016

25.  Types of Documents sent for Service Abroad Core Common Document Notices Writs Summons Orders Judgements regarding Hearing for Damages Restraint of Assets

26.  “ A journey of a thousand miles begins with a single step.” - Lao Tzu Thank You!

27.  Jewel Major Chief Counsel Office of The Attorney General and Ministry of Legal Affairs Nassau, The Bahamas Telephone: (242)-502-0440 Fax: (242) 322-2255