Service of Judicial Documents in Botswana
The United States and Botswana, are signatories to the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, Done at the Hague, November 15, 1965, (Hague Service Convention). This service is recommended.
In addition, please be aware that many forum state statutes indicate that service shall be made by any internationally agreed means (treaty or convention) or by an entity "authorized to make service".
Service in Botswana through the Hague Service Convention generally takes 3 months, but can take longer. No request for expedited service is acknowledged by the foreign judicial authorities. Because of this, we will provide an affidavit indicating that the service is in progress, that we are in compliance with applicable statutes, and when we reasonably expect service to be completed. This can be used to support a motion to extend, if necessary, and is provided at no additional cost. The judicial authorities in Botswana are not obligated to provide status. However, we will follow the service as closely as possible.
Please note: Depending on the forum court statutes, we may request that an order be obtained appointing our firm as an entity authorized to request service. We will prepare the order for you at no additional cost. It would be your responsibility to have it executed. The cost for translation of the order will also be your responsibility.
NO TRANSLATION IS NECESSARY.
The following is required for us to effect service through the treaty: One set of service documents for each entity Name and address of entity to be served Fees are due in advance and will be quoted prior to accepting the assignment.
Service by private agent is available. However, it is wise to keep in mind that private agent service may be quashed in the originating US court and any US judgment obtained on the basis of private agent service may not be enforceable in Botswana. In addition, the Ministry of Justice declared that Botswana formally objects to the methods of service provided for in Article 10 of the Convention.
Rather than risk challenges to an alternative method of service under Article 10(c), it would be prudent to not invite potential challenges or protracted appellate proceedings on questions of validity or adequacy of service by private agents in a Convention country.
Private agent service fees are dependent upon the location of the service and there are many areas where travel is difficult. The average turnaround time is 2 weeks. Rush service is available for an additional fee.
The proof of service will be in the form of a notarized affidavit. If possible, the affidavit would be notarized at the US Embassy in Gaborone. If this is not possible, due to prohibitive costs or travel, a public notary will be used. There would also be additional expenses incurred if there are applicable forum court statutes that require court authentication of a foreign affidavit. If you require notarization by a US Consular officer, or Court authentication, it would need to be requested and paid for by your office prior to completion of the service.
For us to effect private agent service, we require the following: A complete copy of each of the documents to be served; Full name, address, and any other available information, for the entity to be served; Fees are due in advance and will be quoted prior to accepting the assignment; If this is the method of service you choose, we require your written authorization to effect private agent service after being informed of the possible consequences.
Our office can provide all the integral services and assistance to effect service of civil process in Botswana using either of the above methods.
Limited areas of investigation, court record retrieval and various searches are available in Botswana. 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.
ALL FEES DUE IN ADVANCE