Service of Judicial Documents in Austria
Austria is not a signatory to any applicable treaty, convention or multi-lateral agreement for the service of civil process. Letter Rogatory service must be used in Austria because they strictly prohibit by law any attempt at service of process by any other method. The Austrian government considers all other methods of service, including attempts at service by mail, illegal and an affront to Austria's judicial sovereignty leaving all participants subject to arrest.
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 Austria. 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 done by a court-certified translator is required.  If we provide the mandatory
    German translation, translation fees are due in advance.
  7. A cashier's check in the amount of $650 made payable to "US Embassy - Vienna" (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 frame. 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 Austria will have complete control of the service and will generally not respond to any request for status. We will, however, follow the progress of the service as closely as possible.
Our office can provide all the integral services and assistance to effect service of civil process in Austria.
Limited areas of investigation, court record retrieval and various searches are available in Austria. 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.
Call 1-800 SERVE EM (737-8336) for a free, no-obligation quote.

ALL FEES DUE IN ADVANCE