International Service of Process In Taiwan
Taiwan is not a signatory to the Hague Service Convention, so all service of process must take place through the formal method of Letters Rogatory or the informal method of service via agent.
PROCESS SERVICE IN TAIWAN UNDER LETTERS ROGATORY
As Taiwan is not a signatory to the Hague Service Convention, those who need to serve an individual or corporation in the nation must serve them through Letters Rogatory if they are seeking to collect a judgment or enforce any part of the case outcome.
Translation of Documents
Documents, included the Letters Rogatory request itself, must be translated into the appropriate form of Chinese, which is traditional. Translations completed in the simplified version of Chinese could be viewed as an insult, so it’s critical to get this part correct.
PROCESS SERVICE UNDER LETTERS ROGATORY IN TAIWAN
Letters Rogatory is essentially a request from the courts of one country to the courts of another for a specific act. This provides a way to establish jurisdiction in another country where there is no formal treaty agreement. These requests must be completed through diplomatic channels.
These requests must follow the rules of the local courts, so it’s important to be aware of those rules before requesting a particular type of service. Typical documents that are required to be provided include:
- Case synopsis
- Type of request
- Information of those being served
- Various statements regarding request for assistance, payment and reciprocal support
- Judge’s signature
PROCESS SERVICE NOTES: TAIWAN
Even though Taiwan is not a signatory to the Hague Service Convention, it does not necessarily mean that going through Letters Rogatory will take more time as is often the case.
INFORMAL SERVICE OF PROCESS IN TAIWAN
Service via an agent is also an option, although it will not be recognized by the government of Taiwan. Judgements made in the United States can not be enforced in Taiwan.
Service via agent can provide an alternate where judgments will need to be enforced, especially as the timeline is much shorter and the cost considerably less than service through Letters Rogatory.
SERVING COURT DOCUMENTS IN TAIWAN
Service of process in Taiwan, while not necessarily made more complicated by the fact that one must go through Letters Rogatory in order to effectuate service, still requires careful attention to detail. Unlike service through the Hague Convention, Letters Rogatory has many pieces that are required to be provided in order for service to be completed. Without these proper documents, the submitted paperwork will be sent back, sometimes without a thorough explanation as to why.
The staff of DGR Legal are not lawyers, nor is our organization a law firm. The information provided on this website does not, and is not intended to, constitute legal advice. Rather, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information.
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