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EmailSerbia Judicial Assistance
Disclaimer: The information in this circular relating to the legal requirements of specific foreign countries is provided for general information only and may not be totally accurate in a particular case. Questions involving interpretation of specific foreign laws should be addressed to foreign counsel. This circular seeks only to provide information; it is not an opinion on any aspect of U.S., foreign, or international law. The U.S. Department of State does not intend by the contents of this circular to take a position on any aspect of any pending litigation.
Summary
Letters Rogatory
Obtaining Evidence in Civil and Commercial Matters
Taking Voluntary Depositions of Willing Witnesses
Travel to Serbia for Judicial Assistance Activities
Criminal Matters
Authentication of Documents
Lists of Attorneys and Translators in Serbia
U.S. Embassy Location
Links
Summary: Judicial assistance between the United States and Serbia is governed by the Vienna Convention on Consular Relations (VCCR), 21 UST 77, TIAS 6820, 596 U.N.T.S. 261; Serbia is also a party to the Hague Convention Abolishing the Requirement for Legalization of Foreign Public Documents, 33 U.S.T. 883, TIAS 10072, 527 UNTS 189; the Hague Convention on International Child Abduction and the Council of Europe Convention on the Transfer of Sentenced Persons.
Service of Process: Serbia is not a party to the Hague Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil and Commercial Matters. Service of process in civil cases in Serbia may be affected by international registered mail, letters rogatory or by personal service by an agent, generally a Serbian attorney. If eventual enforcement of a U.S. judgment in Serbia is foreseen, (or if service is being sought in criminal cases) letters rogatory involving a request for judicial assistance from a foreign court should be considered, as other methods might be subject to challenge in U.S. or Serbian courts. In civil cases, if enforcement of a U.S. judgment in Serbia is not foreseen, parties may wish to consider methods of service other than letters rogatory which can be burdensome, costly and time-consuming to execute. If eventual enforcement of a United States judgment in Serbia is foreseen, parties may wish to consult Serbian legal counsel before filing a complaint, serving process, discovery, trial, etc. This may help ensure that the Serbian requirements for enforcement are not inadvertently violated in the U.S. action. See our Service Under the Foreign Sovereign Immunities Act (FSIA) feature and FSIA Checklist for questions about service on a foreign state, agency or instrumentality.
Letters Rogatory: For general guidance about preparation and transmittal of such requests, see our Letters Rogatory feature. Letters rogatory must be translated into Serbian. See 22 CFR 22.1 for current consular fees. Mailing address: Overseas Citizens Services, CA/OCS/ACS/EUR, U.S. Department of State, SA-29, 4th Floor, 2201 C Street, N.W., Washington, D.C. 20520. Once the letters rogatory are received by the Department of State, they will be transferred to the U.S. Embassy in Belgrade. The U.S. Embassy will forward the letters rogatory to the Serbian Foreign Ministry, which is charged with transferring the case to the Ministry of Justice. The Ministry of Justice will then transmit the letter rogatory to the appropriate court for action.
Obtaining Evidence in Civil and Commercial Matters: Serbia is not a party to the Hague Convention on the Taking of Evidence Abroad in Civil and Commercial Matters.
Taking Voluntary Depositions of Willing Witnesses: There is nothing in Serbian law that prohibits U.S. lawyers from taking depositions in Serbia from a voluntary witness for use in U.S. courts. Telephone depositions and video teleconference testimony are possible in Serbia if the deponent agrees to be deposed voluntarily. A U.S. consular officer can administer an oath if arrangements are made prior to the deposition and a deposit for the appropriate fees has been received. Requests for assistance of a U.S. consular officer to administer oaths to willing witnesses participating in voluntary depositions should be directed to the American Citizen Services section of the U.S. Embassy in Belgrade, Serbia. See 22 CFR 22.1 for current consular fees.
Travel to Serbia for Judicial Assistance Activities: Before traveling to Serbia to participate in a deposition, see the Country Specific Information and any applicable Travel Alerts or Travel Warnings. It is also recommended that U.S. travelers register with the U.S. Embassy using our on-line registration system. If a U.S. federal, state or local official will participate in the deposition, please contact the agency office responsible
for arranging the travel or askpri@state.gov for assistance in obtaining host country clearance for the travel of U.S. officials to conduct judicial assistance activities abroad. See also Foreign Entry Requirements.
Compulsion of Evidence Civil and Commercial Matters: Requests for compulsion of evidence in criminal matters may be prepared in the form of letters rogatory transmitted via diplomatic channels from the U.S. Department of State, Bureau of Consular Affairs, Overseas Citizens Services, Office of American Citizens Services and Crisis Management, European Division, 1-888-407-4747. Requesting counsel should be aware that when letters rogatory are executed by foreign courts which compel the appearance of a witness to answer written interrogatories, the evidence is taken in accordance with the rules of the foreign court. In many cases an American attorney will not be permitted to actively participate in such a proceeding but rather the judge would conduct the questioning. Occasionally, a foreign attorney may be permitted to attend such a proceeding and even to put forth additional questions to the witness. Not all foreign countries utilize the services of court reporters or routinely provide verbatim transcripts. Sometimes the presiding judge will dictate his recollection of the witness's responses to his secretary. Generally letters rogatory worldwide, including those sent to the United States, take from six months to a year to execute.
Criminal Matters: Requests for compulsion of evidence in criminal matters may be prepared in the form of letters rogatory transmitted via diplomatic
channels from the U.S. Department of State, Bureau of Consular Affairs, Overseas Citizens Services, Office of American Citizens Services and Crisis Management, European Division, 1-888-407-4747. For information about Prisoner
Transfer see our Prisoner Transfer Treaty feature.
Authentication of Documents: Serbia is a party to the Hague Convention Abolishing the Requirement for Legalization of Foreign Public Documents. For information about the Serbian authority competent to issue Apostille Certificates, see the Serbia declaration on the Hague Conference web page. See also the U.S. Department of State Authentications Office webpage.
Lists of Attorneys and Translators in Serbia: See the U.S. Embassy in Serbia’s List of Attorneys and List of Translators.
U.S. Embassy Location: U.S. Embassy, Consular Section, American Citizens Services, Kneza Milosa 50, Belgrade, Serbia; Tel: 381-11-361-9344; Fax: 381-11-361-8959
U.S. Links
Library of Congress Guide to Law Online – Serbia
Serbia Background Notes
World Fact Book - Serbia
Serbian Links
Serbian Government Web Page
Serbian Ministry of Justice Web Page
Judges Association of Serbia
Other Links
Canada-Serbia Judicial Reform Project
NYU Law School Guide to Legal Research - Serbia
