print 
email Italy Judicial Assistance
DISCLAIMER: THE INFORMATION IN THIS CIRCULAR RELATING TO THE LEGAL REQUIREMENTS OF ITALY IS PROVIDED FOR GENERAL INFORMATION ONLY AND MAY NOT BE TOTALLY ACCURATE IN A PARTICULAR CASE. QUESTIONS INVOLVING INTERPRETATION OF SPECIFIC ITALIAN LAWS SHOULD BE ADDRESSED TO THE APPROPRIATE ITALIAN AUTHORITIES OR ITALIAN LEGAL COUNSEL.
PROVISO: This flyer seeks only to provide information; it is not an opinion on any aspect of U.S., foreign, or international law. The U.S. Department of State does not intend by the contents of this flyer to take a position on any aspect of any pending litigation.
APPLICABLE TREATIES OR OTHER AGREEMENTS
The Vienna Convention on Consular Relations, 21 UST 77; 596 UNTS 261; TIAS 6820 (Article 5).
Extradition Treaty between the United States of America and Italy, signed 10/13/83 and entered into force 9/24/84; TIAS 10837.
U.S. - Italy Mutual Legal Assistance in Criminal Matters Treaty, entered into force November 13, 1985, 24 ILM 1539.
The Council of Europe Convention on the Transfer of Sentenced Persons. Done at Strasbourg 3/21/83; entered into force 7/1/85, TIAS 10824.
The Hague Convention on the Service Abroad of Judicial and Extra-Judicial Documents in Civil and Commercial matters done at the Hague on November 15, 1965. 28 U.S.C.A. (Appendix, following Rule 4 FRCvP); VIII Martindale-Hubbell Law Directory, Part VII; 20 U.S.T. 361; T.I.A.S. 6638; 658 U.N.T.S 163.
The Hague Convention on the Taking of Evidence Abroad in Civil and Commercial Matters, (23 U.S.T. 2555; T.I.A.S. 7444; 847 UNTS 231; 28 U.S.C.A. 1782 (1975 Cum. Supp.); 28 U.S.C.A. 1781 (Supp. 1979); 8 I.L.M. 37 (1969); Martindale-Hubbell Law Directory, Vol. VII, Selected International Conventions).
The Hague Convention Abolishing the Requirement for Legalization of Foreign Public Documents (TIAS l0072; 527 UNTS 189; 20 Int''l Legal Materials 1405-1419 (1981).)
Italy and the United States are parties to the Hague Convention on the Service Abroad of Judicial and Extra-Judicial Documents in Civil or Commercial Matters (20 U.S.T. 361, T.I.A.S. 6638; 28 U.S.C.A. (Appendix following Rule 4 FRCvP); 16 I.L.M. 1339 (1977)). The Hague Service Convention provides for service by international registered mail, by agent and by formal request to the foreign central authority. (See Rule 4(f)(1) F.R.Cv. P.) For a detailed discussion of the operation of the Hague Service Convention , consult our flyer on the Convention. Service can be effected in Italy under the Convention through the Italian Central Authority. A request for service by the Central Authority can be made by an attorney by submitting the documents to be served under cover of form USM-94, in duplicate to the foreign central authority. The Convention form (USM-94) is available at the office of any United States Marshal and is reprinted in the Martindale Hubbell Law Directory, Law Digest Volume, Selected International Conventions, after the text of the Hague Service Convention.
ITALIAN CENTRAL AUTHORITY:
L''Ufficio Unico Degli Ufficiali Giudiziari
Presso la Corte D''Appello di Roma
Via Carlo Poma, 5
00195 Rome, Italy
Tel. 011-39-06-37517334
TRANSLATIONS : The Italian Central Authority has informed the Hague Conference for Private International Law that all documents forwarded to them for service under the provisions of the Convention must be in duplicate and must be written in or translated into Italian.
U.S. CENTRAL AUTHORITY: Office of International Judicial Assistance, Civil Division, Department of Justice, 1100 L St., N.W., Room 11006, Washington, D.C. 20530, tel: 202) 307-0983; fax: (202) 514-6584.
COSTS: There are generally no costs incurred in connection with service through the central authority under the Convention.
METHODS OF SERVICE: Article 5(b) - Personal Service: If personal service is required, strike out methods (a) and (c) on the Request for Service form (USM-94) and indicate method (b) on the form, noting that the documents should be served personally upon the person or company to be served.
COMPLETING THE USM-94 FORM: To obtain guidance on completing the USM-94 form, consult our general flyer on the Hague Service Convention .
TRANSMITTING THE COMPLETED REQUEST: The completed request form and documents to be served, (two copies of each), should be mailed by requesting counsel as the "applicant" directly to the foreign Central Authority as provided by Article 3 of the Convention. See our flyer, Hague Service Convention , for details regarding completion and transmittal of the forms and accompanying documents.
OTHER METHODS OF SERVICE: Italy did not make any reservations with respect to service by international registered mail, but did make a reservation with respect to service by agent.
SERVICE BY MAIL: Italy did not object to service by postal channels (Article 10(a)) when it acceded to the Hague Service Convention. Therefore, service can be effected by international registered mail (return receipt requested) or any of the overnight or rapid delivery services which provide a returned receipt as proof of service. Information regarding service by international mail may be obtained from most U.S. Post Offices.
TRANSLATIONS: The Italian Central Authority has informed the Department of State that documents being served by mail need not be translated into Italian unless the party being served specifically requests a translation.
SERVICE BY AGENT: The Italian Central Authority has informed the Hague Conference for Private International Law that only judicial officers working for the Italian courts may serve documents in Italy (Article 10 (b and c)). Private attorneys or individuals are not authorized to effect service in Italy.
SERVICE IN CRIMINAL CASES: A Federal criminal subpoena may be served by an American consular officer abroad (28 U.S.C. 1783). Requests for service of criminal subpoenas should be addressed to CA/OCS/ACS/EUR, Department of State, Washington, D.C. 20520-4817. Requests should include two certified copies of the court order and subpoena, instructions pertaining to airline tickets and cash advances, as well as complete fiscal data. Service of state criminal subpoenas may be considered by the Department on a case-by-case basis. Contact CA/OCS/ACS/EUR for further information.
ENFORCEMENT OF JUDGMENTS: There is no bilateral treaty or multilateral international convention in force between the United States and any other country on reciprocal recognition and enforcement of judgments. Although there are many reasons for the absence of such agreements, a principal stumbling block appears to be the perception of many foreign states that U.S. money judgments are excessive according to their notions of liability. Moreover, foreign countries have objected to the extraterritorial jurisdiction asserted by courts in the United States. In consequence, absent a treaty, whether the courts of a foreign country would enforce a judgment issued by a court in the United States depends upon the internal laws of the foreign country and international comity.
PROVISO: When evidence sought is in a foreign country, it is necessary to observe not only applicable state or federal rules, but also the laws and regulations of the foreign country where the evidence is located. Procedures may vary in civil, criminal and administrative cases. Attempting to obtain evidence without following the requirements of the foreign country may result in the arrest, detention, deportation or imprisonment of participants, including American counsel.
DEPOSITIONS OF WILLING WITNESSES: Voluntary depositions may be taken of willing witnesses. Such depositions may be taken on notice or pursuant to a commission or court order before any Consular Officer of the United States. Consular depositions may be conducted in certain cases governed by Articles 15 through 18 of the Convention. Article 15 permits a Consular Officer of the United States to take the voluntary testimony of a U.S. citizen in Italy. Article 16 pertains to the voluntary testimony of an Italian or third country national. The U.S. consular officer abroad would have to secure the permission of the Court of Appeals with jurisdiction over the deponent in the case of non - U.S. citizens.
COMMISSIONER: Another procedure available to litigants under the Convention (Art. 17) permits a commissioner (for example, a private American attorney) appointed by the American court to take the testimony of a witness of any nationality without compulsion provided the commissioner first arranges through the U.S. Consular Officer for permission of the Court of Appeals in Italy having jurisdiction over the deponent. Such a commissioner may also apply to that authority for the power to compel testimony, if necessary (Art. 18).
TELEPHONE DEPOSITIONS: In some cases, the commissioner may opt to take the testimony of a witness by telephone. The deponent is sworn in by a consular officer and the testimony is given in a conference call (the attorney will conduct questioning by phone). The U.S. attorney should work with Italian legal counsel to obtain permission from Italian authorities and make logistical arrangements with the U.S. Consular Officer.
SCHEDULING A DEPOSITION AT THE U.S. EMBASSY: Services of the U.S. Consular Officer in connection with oral depositions or depositions on written questions must be scheduled in advance directly with the U.S. Consulate General. Contact the American Citizens Services section of the Consular Section of the U.S. Embassy/Consulate via phone or fax as provided below. If the services of a U.S. consular officer are required to administer oaths to the witnesses, stenographer and any interpreter outside the Consulate General, additional fees are charged for such services. Consult the Office of American Citizens Service''s general flyer Obtaining Evidence Abroad .
STENOGRAPHERS/TRANSLATORS: Commercial stenographer and interpreter services are widely available in Italy. Consult the U.S. Embassy/Consulate for additional information.
HOST COUNTRY CLEARANCE - PARTICIPATION OF LOCAL, STATE OR FEDERAL GOVERNMENT OFFICIALS FROM THE UNITED STATES: If a local, state, or federal government official from the United States intends to participate in the voluntary deposition of a willing witness abroad, formal host country and U.S. Embassy clearance is required. This can be obtained by contacting the Office of American Citizens Services.
The request should be made at least ten days prior to the taking of the deposition to allow sufficient time for local authorities to make a determination about the official travel.
COMPULSION OF TESTIMONY, DOCUMENTARY OR PHYSICAL EVIDENCE: If compulsion of evidence is required, in civil, commercial, and some administrative cases (considered by foreign Central Authority on a case by case basis) the Hague Evidence Convention provides a "Model Letter of Request" which should be transmitted, in duplicate, directly from the court in the United States seeking assistance to the foreign Central Authority. See Martindale-Hubbell Law Directory, Selected International Conventions, Vol. VII for the model letter of request form to compel evidence. The request should include any specific procedures desired by the requesting court, such as verbatim transcripts.
This procedure is completely under the control of the Italian judiciary. If you wish to attend the hearing, you include a statement to this effect in your Letter of Request. Specify that you be notified of date, time, and place. If you desire, you may also request permission to appear before the court to ask additional questions. The court is under no obligation to allow your active participation in the hearing. If such permission is granted, the questions would normally be asked through the magistrate.
PRE-TRIAL DISCOVERY OF DOCUMENTS: The Italian Central Authority has informed the Hague Conference for Private International Law that it will not grant requests for pre-trial discovery of documents (Article 23).
ITALIAN CENTRAL AUTHORITY:
Ministero Degli Affari Esteri
Direzione Generale Emigrazione
Ufficio IX
00194 Rome, Italy
011-39-06-36-91-29-36
TRANSLATIONS: The Italian Central Authority has advised the Hague Conference on Private International Law that requests for compulsion of evidence under the provisions of the Convention must be submitted in duplicate and must be written in or translated into the Italian language.
TRANSMITTAL OF A REQUEST: The request should be transmitted to the foreign central authority as explained in our general flyer on the operation of the Hague Evidence Convention .
CRIMINAL CASES: Requests for compulsion of evidence in criminal cases may be made in the form of a letter rogatory. See our general flyer regarding Preparation of Letters Rogatory . For information regarding bilateral Mutual Legal Assistance Treaties, see our Mutual Legal Assistance Treaty flyer . Defense counsel cannot utilize mechanisms provided for under MLAT agreements, and thus must follow the formal letter rogatory procedure.
LISTS OF FOREIGN ATTORNEYS: Lists of foreign attorneys prepared by the U.S. Embassy or Consulate are available from the Office of American Citizens Services or directly from the U.S. Embassy or Consulate.
AUTHENTICATION OF DOCUMENTS: Italy is a party to the Hague Convention Abolishing the Requirement for Legalization of Foreign Public Documents (TIAS l0072; 527 UNTS 189; 20 Int''l Legal Materials 1405 - 1419 (1981).) The competent authorities to issue certifications pursuant to the Convention, (known as "apostille" certificates) are 1) I Procurators della Reppublica (The Public Prosecutor); 2) The Competent Prefetti (Heads) of the Territories for the Valley of Aosta; Il Presidente della Regione (The Head of the District for the Provinces of Trente and Bolsano; Il Commissario di Governo (The Commissioner of the Government). See also our general flyer on the Hague Legalization Convention . But see the State Department Authentications Office home page at ../family/abduction_hague_012.html
U.S. EMBASSY/CONSULATE LOCATIONS:
U.S. Embassy Rome, Via Veneto 119/A, 00187-Rome
Tel. (011)(39)(06) 46741; Fax (011)(39)(06) 488-2672.
Internet Home Page: http://www.usis.it
U.S. Consulate General Florence, Lungarno Amerigo Vespucci 38, 50123 Florence
Tel. (011)(39)(055) 239-8276; Fax. (011)(39)(055) 284-088.
U.S. Consulate General Milan, Via Principe Amadeo 2, 20121 Milan
Tel. (011)39)(02) 290-351; Fax. (011)(39)(02) 2900-1165.
U.S. Consulate General Naples, Piazza della Repubblica, 80122 Naples
Tel. (011)(39)(081) 583-8111;Fax. (011)(39)(081) 761-1869.
ADDITIONAL INFORMATION : The Office of American Citizens Services has available general information flyers on international judicial assistance. These topics include:
Many of our judicial assistance flyers are also available on the Internet via the Department of State, Bureau of Consular Affairs home page underJudicial Assistance . See also, the Department of State, Office of the Legal Adviser for Private International Law home page .
United States Department of State, Office of the Legal Adviser, Treaty Affairs, List of Treaties and Other International Agreements of the United States In Force: http://www.state.gov/
United Nations (UN): Databases/Treaties at http://untreaty.un.org
Council of Europe (COE): under Texts/TreatiesSELECTED BIBLIOGRAPHY
Gori-Montanelli & Botwinik, International Judicial Assistance - Italy, 9 Int''l L. 717 (1975).
Bisconti, Reform of the Professional Law in Italy, 14 Int''l Legal Prac. 55 (1989).
ADDITIONAL QUESTIONS: If you have further questions, contact the Office of American Citizens Services, CA/OCS/ACS, Department of State, Room 48l7 N.S., Washington, D.C. 20520, tel: (202) 647-5226.
Return to Judicial Assistance Page
Other Government Websites |
