Service of Judicial Documents in Afghanistan
Because Afghanistan is not a signatory to any treaty, convention or multilateral agreement for the service of civil process, there are two practical ways to serve in Afghanistan: by a private agent or by letter rogatory. If enforcement of a judgment in Afghanistan is anticipated, service via letter rogatory is the recommended method. However, the use of this method of service is dependent upon good diplomatic relations between Afghanistan and the U.S. at the time service is requested.
Service via letter rogatory is a formal Request For International Judicial Assistance signed by the forum court judge and executed by the judicial authorities in Afghanistan. For us to prepare the letter rogatory, we require the following:
  1. A complete copy of each of the documents to be served;
  2. Full name of the judge who will be signing the letter rogatory request;
  3. Full name, address and telephone number of the originating court;
  4. Full name, address and phone number of the entity to be served;
  5. Fees are due in advance and will be quoted prior to accepting the assignment;
  6. Translation of all documents.  Translation fees are due in advance, if we provide translation.
  7. A cashier's check in the amount of $650 made payable to "US Treasury" (this is the State Department's requirement to be applied to costs incurred).
This method can often take 6 to 12 months or more to complete.  No request for expedited service is acknowledged by the foreign judicial authorities. As with all formal services effected through our office, an affidavit will be provided indicating that formal service has been initiated, that we are in compliance with any applicable statutes, and the reasonably expected time from. This can be used to support a motion to extend, which is usually necessary, and is provided at no additional cost.
Once the documents leave the United States, the Ministry of Justice in Afghanistan will have complete jurisdiction over the service and generally does not respond to requests for status. We will, however, follow the progress of the service as closely as possible.
When effecting service via letter rogatory, it is often recommended that service also be personally effected by a private agent (attorney). This will provide an affidavit of personal service that can be filed with the court while the formal method of service is in progress. However, it is wise to keep in mind that this private agent service may be quashed in the originating U.S. court and any U.S. judgment obtained on the basis of this service may not be enforceable in Afghanistan.
For a private agent to serve the document, we simply need the following:
  1. A complete copy of each of the documents to be served;
  2. Full name, address, and any other available information, for the entity to be served;
  3. Fees are due in advance and the basic costs will be quoted prior to accepting the assignment;
  4. Your written authorization to effect private agent service after being informed of the possible consequences.
No translation is required for private agent service, however, it should be taken into consideration whether or not adequate notice was given, especially if the defendant does not know English well enough to understand the documents.
Service in a major area such as Kabol can be effected quickly. The complete turnaround time for this method of service is usually 3 weeks, but can take longer. Rush service is available for an additional fee. Service in other areas is dependent upon the location of the service address and difficulty of the assignment. There are many areas where travel is often difficult.
The proof of service will be in the form of an affidavit. Because there is no U.S. Embassy in Afghanistan, the affidavit must be notarized by a local Afghanistan notary and the expense for this is generally high because most local notaries will require that the affidavit be translated into Dari or Pashto prior to execution.  There would also be additional expenses incurred if there are applicable forum court statutes that require court authentication of a foreign affidavit.  Court authentication will need to be requested by your office prior to completion of the service. 

 

Our office can provide all the integral services and assistance to effect service of civil process in Afghanistan using either of the above methods.
Limited areas of investigation, court record retrieval, and various searches are available in Afghanistan. Please contact us to discuss your options if you require assistance other than the service of civil process.

 

Call 1-800 SERVE EM (737-8336) for a free, no-obligation quote.

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