LEGAL LANGUAGE SERVICES

Service of Process in Japan

International Service of Process in Japan under the Hague Service Convention

Legal Language Services can assist you with international service of process in Japan and help you understand and satisfy the translation requirements that are required for service of process in Japan.

First, it is important to recognize that service of process in Japan must be effected pursuant to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters.

Some key points about service of process in Japan:

• Japan has objected to service by agent.
• US consular officials are prohibited from serving process abroad under US law in all but the most exceptional cases.
• Service by mail is also not advisable as Japan has refused to state that it will hold such service valid.

You have one option for international service in Japan – through the Japanese Central Authority.

Service of Process in Japan – Legal Language Services Can Help

Pursuant to the Hague Service Convention, no formal letter rogatory is required to serve process in Japan. Instead, service is initiated through a series of pre-established Hague Request forms.

LLS will complete these forms for you and will send these, along with your service documents, to the Japanese Central Authority. The Japanese Central Authority will then refer your documents to the competent court of justice who will oversee actual service of the documents upon the defendant in your case.

Serving Process in Japan – Language Requirements

In order to meet applicable due process requirements, the service documents must be translated into a language understood by the defendant. Furthermore, any service request that is not accompanied by a Japanese translation of the service documents may be refused by the defendant and may serve as a basis for a motion to quash service, which can result in additional costs and time lost in another service attempt.

Proof of Service from the Japanese Central Authority

It currently takes an average of 3 to 5 months before a completed proof of service is returned to the US from the Japanese Central Authority. If you wish, LLS can provide periodic follow-up with the Japanese Central Authority and report back to you on your case’s progress.

Once service has been effected, the Hague Certificate of Service will be completed by the Japanese authorities and returned to LLS, along with a copy of all original documents forming a part of the Request.

For further information on how to properly serve a defendant in Japan, please call 1-800-755-5775 and one of our attorneys will be happy to assist you.
If your Japanese client has been served with US process, LLS can also provide expert advice on quashing service.

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