The United States and Canada are signatories to the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, Done at the Hague, November 15, 1965, (Hague Service Convention). Service under the Hague Convention is the recommended procedure for service of process.

Many forum state statutes indicate that service shall be made by any internationally agreed means (treaty or convention) or by an entity "authorized to make service". Article 10Provided the State of destination does not object, the present Convention shall not interfere with:1. The freedom to send judicial documents, by postal channels, directly to persons abroad, 2. The freedom of judicial officers, officials or other competent persons of the State of origin to effect service of judicial documents directly through the judicial officers, officials or other competent persons of the State of destination, 3. The freedom of any person interested in a judicial proceeding to effect service of judicial documents directly through the judicial officers, officials or other competent persons of the State of destination.

Service in Canada through the Hague Service Convention generally takes 2-3 months, depending on the Province, but can take longer. The foreign judicial authorities acknowledge no request for expedited service. Because of this, process servers with experience in Hague Convention service will provide a notarized affidavit indicating that the service is in progress, that the process server is in compliance with applicable statutes, and when it can reasonably be expected that service will be completed. This can be used to support a motion to extend, if necessary, which some process servers, such as Serve-em provide at no additional cost.

Please note: Depending on the forum court statutes, an order be obtained appointing the process server as an entity authorized to request service may be required- at Serve-em, we will prepare the order for you at no additional cost. It would be your responsibility to have it executed. The cost for translation of the order, if applicable, will be the responsibility of the party requesting service.

If the service is in the province of Quebec, all documents to be served should be translated into French. In accordance with article 5 of the convention, and at the request of the Central Authority in Montreal, if the documents being served are not translated, the judicial authorities will likely deny the request for service. Translation is not applicable to service in other Canadian provinces.

The following is required to prepare the documents and effect service through the treaty: 1. One set of service documents for each entity 2. Name and address of entity to be served 3. Translation of all documents for services in Quebec, unless you wish to attempt service without it.

Service by private agent is available. However, it is wise to keep in mind that private agent service may be quashed in the originating US court and any US judgment obtained on the basis of private agent service may not be enforceable in Canada.

Private agent service fees are dependent upon the location of the service and there are many areas where travel is difficult. The average turnaround time is 2 weeks, although ‘rush’ service may be available.Service of process outside of the United States is complex and requires a special expertise in dealing with U.S. and foreign statutes, treaties and conventions. The various treaties controlling service of process may be reviewed at www.serve-em.com.