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Court Procedures Rules
6553Application for request for service abroad
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6553 Application for request for service abroad
(1) A person may apply to the registrar, as a forwarding authority, for a
request for service of a local judicial document in a Hague
Convention country.
(2) The application must be accompanied by 3 copies of the following
documents:
(a) a draft request for service abroad;
Note See approved form 6.21, part 1 (Request for service abroad of
judicial documents) AF2009-149.
(b) the document to be served;
(c) a summary of the document to be served;
Note See approved form 6.22 (Summary of document to be served)
AF2019-61.
(d) if, under the Hague Convention, article 5, the central authority
or any additional authority of the country to which the request is
addressed requires the document to be served to be written in, or
translated into, 1 or more official languages of the country, a
translation into the languages of the document to be served and
the summary of the document to be served.
Rule 6553
(3) The application must contain a written undertaking to the court,
signed by the legal practitioner on the record for the applicant (or if
there is no legal practitioner on the record, the applicant) in the
proceeding to which the local judicial document relates—
(a) to be personally liable for all costs that are incurred—
(i) by employing a person to serve the documents to be served,
who is qualified to do so under the law of the Hague
Convention country in which the documents are to be
served; or
(ii) by using any particular method of service that has been
requested by the applicant for serving the documents to be
served; and
(b) to pay the amount of the costs mentioned in paragraph (a) to the
registrar within 28 days after the day the applicant receives a
notice from the registrar stating the amount of the costs under
rule 6555; and
(c) to give any security for the costs mentioned in paragraph (a) that
the registrar may require.
(4) The draft request for service abroad—
(a) must be completed (except for signature) by the applicant; and
(b) must state whether, if the time fixed for entering an appearance
in the proceeding to which the local judicial document relates
expires before the document is served, the applicant wants
service to be attempted after the expiry of the time; and
(c) must be addressed to the central authority, or to an additional
authority, for the Hague Convention country in which the
documents are to be served; and
(d) may state that the applicant requires a certificate of service that
is completed by an additional authority to be countersigned by
the central authority.
Rule 6554
(5) A translation required under subrule (2) (d) must bear a certificate (in
English and the language used in the translation) signed by the
translator stating—
(a) that the translation is an accurate translation of the documents to
be served; and
(b) the translator’s full name, address and qualifications for making
the translation.