Carlos Felipe B.Managing partner and founder
An lawsuit trust demands a service valid
When a defendant is located in another country , it is not sufficient to informally send them a copy of the case file and assume they have been served. The notification must comply with applicable procedural rules and international mechanisms. The 1965 Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters has been in force for the Dominican Republic since October 1, 2024, according to official information from the HCCH.
When can it be used
Article 1 of the full text of the convention requires that documents covered by its subject matter be transmitted abroad. Furthermore, the instrument does not apply when the address of the recipient is unknown. Before initiating the procedure, it is necessary to verify the contractual relationship between the States, the valid address, and the nature of the proceedings. It is not a universal procedure for any criminal, administrative, or civil action directed to any country.
The central authority route
Articles 2 and 3 establish a mechanism through central authorities and requests submitted by the competent authorities or officials of the State of origin. The application form and accompanying documents identify what must be notified and to whom. For documents entering the Dominican Republic, the official directory identifies the central authority and its service conditions . To send documents to another country, the instructions of that State and the sender's jurisdiction must be consulted.
Language, delivery method and proof
Article 5 allows notification to be carried out according to the procedures of the requested State or through a special procedure compatible with its law. It also permits translation requirements. Article 6 provides for a certificate that records how, when, and to whom notification was made, or the reasons that prevented it. This proof of service is essential: sending a request abroad and proving that the recipient validly received the documentation are separate steps.
Email or digital media are not an automatic response
Article 10 provides for certain alternative means under certain conditions, including the absence of objection from the receiving State where applicable. Therefore, it cannot be assumed that any postal delivery, email, or WhatsApp message alone fulfills the convention. State declarations and applicable procedural law must be reviewed. A defective notification can compromise the right to a defense and hinder the recognition or enforcement of a future judgment in another jurisdiction.
How to prepare the procedure
It is advisable to gather the claim, the decisions to be communicated, the verified address of the recipient, and any required translations, and coordinate the request with the professional handling the case. Transmission and processing times should also be considered before calculating procedural deadlines. Legal intervention allows for choosing an admissible method and maintaining proper records. The agreement facilitates cooperation, but it does not eliminate the court's oversight of the regularity of the notification nor does it guarantee that any document sent will be effective.