Service of Process Abroad

The district commissioner in Suðurnes manages the service of judicial and extrajudicial documents in civil and commercial matters based on the Hague Convention of November 15, 1965, and the collection of evidence based on the Hague Convention of March 18, 1970, as well as assistance in mutual legal aid under the Nordic Convention of July 22, 1975.

The Ministry of Justice handles all service of process in criminal matters, while the Ministry for Foreign Affairs handles service in countries that are not party to the above conventions.

Legal entities or individuals who need to assert their rights against parties residing abroad can receive assistance in serving the necessary documents.

Hague Convention - Service of Process

Documents are divided into two categories: judicial documents and extrajudicial documents. Judicial documents are used in court, while extrajudicial documents are used outside the courts.

Judicial documents include:

• Summons

• Service of judgment

• Bankruptcy notice

Extrajudicial documents include:

• Payment demands

• Confirmation of adoption

• Paternity approval

Application for Service of Process

A fundamental requirement for using the Hague Convention for service of documents is that the recipient's address is known. The district commissioner does not assist in locating addresses.

If documents are to be served to an individual residing in a contracting state or a company registered there, information about the address, date of birth, or national ID number, and the name of the representative must be provided.

List of countries

Application

Information

Hague Convention on the Collection of Evidence

This convention can only be used to collect evidence intended for a lawsuit that has been filed or is planned to be filed.

For example, it is possible to:

• Request a blood test for determining paternity

• Request tax returns and/or pay slips

• Request witness testimony in court

• Request a hearing with the district commissioner in a divorce case

Nordic Convention

If documents are to be served on an individual residing in another Nordic country or a company registered there, no special application form is required, but the application must follow a specific format.

In 2013, the Ministry of Justice in Norway made a special agreement with the district commissioner that all service of process would follow the Nordic Convention.

Agreement with Norway

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Application Process

The application is sent by mail to the district commissioner in Suðurnes. All documents must be submitted in duplicate—both the original documents and copies—along with proof of payment, if applicable. The application will be returned if it is incomplete.

Costs

Proof of payment for the service of process must accompany the application if applicable. The district commissioner charges no fee for service of process abroad, but the country where the defendant resides may charge a fee for serving the documents. Information about fees for service in the relevant country can be found under that country's terms in the list of contracting states.

Certificate of Service

Once the documents have been served to the defendant, the applicant will receive a certificate of service, detailing what documents were served. The service process can take a considerable amount of time, ranging from three months to up to a year, depending on the country where the defendant resides.

Agreements

Hague Convention - Service of Process

Hague Convention - Evidence Gathering - Icelandic

Hague Convention - Evidence Gathering - English

Nordic Convention