US subpoenas are not served upon foreign witnesses pursuant to the Hague Service Convention. Residents or citizens of the United States located abroad, however, must be responsive to US subpoenas served upon them, international law notwithstanding.
On the other hand, any national who is not a resident or citizen of the United States is not required to respond to a US subpoena delivered to him or her overseas. In essence, such a subpoena loses its coercive effect once it leaves US borders. Because it is no longer a coercive instrument, and because the witness is not subject to the jurisdiction of the issuing court, the question of “how to properly serve” a subpoena is irrelevant.
However, testimony and documents can be compelled from a non-party witness located in other countries. LLS can offer you extensive advice on various approaches to securing such evidence pursuant to letters rogatory and foreign law.
We can also assist you in arranging voluntary depositions of willing witnesses on foreign soil, and we can also provide court reporters, videographers, interpreters and videoconferencing for private depositions and formal hearings.
For further information, contact us by phone at 1-800-755-5775 (outside the US and Canada: +1 913-341-3167) for a FREE consultation and ask to speak to a specialist in foreign evidence-taking.