JUDICIAL ASSISTANCE - CYPRUS
DISCLAIMER: THE INFORMATION IN THIS CIRCULAR RELATING TO THE LEGAL REQUIREMENTS OF SPECIFIC FOREIGN COUNTRIES IS PROVIDED FOR GENERAL INFORMATION ONLY AND MAY NOT BE TOTALLY ACCURATE IN A PARTICULAR CASE. QUESTIONS INVOLVING INTERPRETATION OF SPECIFIC FOREIGN LAWS SHOULD BE ADDRESSED TO FOREIGN 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.
SERVICE OF PROCESS
Cyprus 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 UST 361, TIAS 6638; 28 USCA (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 (see Additional Information below). Service can be effected in Cyprus under the Convention through the Cypriot 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.
CYPRUS CENTRAL AUTHORITY:
Ministry of Justice and Public Order
125 Athalassa Avenue
2024 Nicosia
Tel: 357-22-805-955
Fax: 357-22-518-356
TRANSLATIONS: The Cypriot 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 Greek; the Request and Convention form (USM-94) may be completed in English.
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 AND TRANSMITTING THE USM-94 FORM: To obtain guidance on completing the USM-94 form, consult our general flyer on the "Hague Service Convention" available via our home page on the Internet or via our automated fax service (see Additional Information below).. 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.
SERVICE BY MAIL: Service of process by international registered mail is permitted under Cypriot law in administrative and civil cases.
OBTAINING EVIDENCE
APPLICABLE TREATIES OR OTHER AGREEMENTS: The Vienna Convention on Consular Relations, 21 UST 77; 596 UNTS 261; TIAS 6820 (Article 5);
Hague Convention on the Taking of Evidence Abroad in Civil and Commercial Matters, 28 USCA 1781 (1980 Cumulative Suppl) and 23 UST 2555; TIAS 7444. See also the law digest volume of the Martindale-Hubbell Law Directory under selected international conventions. Articles 15-16 of the Hague Evidence Convention provide for the taking of evidence of willing witnesses by diplomatic and consular officers.
DEPOSITIONS OF WILLING WITNESSES: Cyprus law permits voluntary depositions of witnesses in civil and commercial cases only by diplomatic officers, consular agents, or appointed commissioners. This applies to all witnesses, regardless of nationality, after permission is granted by the Ministry of Justice.
SCHEDULING A DEPOSITION AT THE U.S. CONSULATE GENERAL: All U.S. consular services in Cyprus are provided at the Embassy in Nicosia. Public hours are from 8:00 A.M. to 1:30 P.M., Monday through Friday, except for Cypriot and U.S. holidays. A consular officer is available to administer oaths on the premises during regular working hours. To minimize waiting time, however, appointments can be scheduled by contacting the American Citizen Services Unit of the U.S. Embassy (Tel: 357-22-776-400; Fax: 357-22-776-841). The fee for the administration of each oath is $55.00. There is a nonrefundable fee of $400.00 for scheduling a deposition. In addition, if a consular officer is required to be present for the taking of a deposition, the fee is $200 per hour plus transportation costs.
After being sworn in, the parties (witnesses, court reporters, and translators) withdraw to a location outside the Embassy for the taking of the deposition. Should the deposition last more than one day, the parties can be considered as remaining under oath for the entire proceedings, unless counsels find this disagreeable, in which case oaths will need to be readministered as required. A written copy of the oath can be provided for optional attachment to the deposition record. Should this be required, arrangements must be made when scheduling the swearing in of the parties. When a written version of the transcript has been prepared, the witness may return to the Embassy to sign the document, as necessary.
The use of video and sound recording equipment is not restricted, provided the parties involved are amenable. However, counsels should be aware that the European voltage is 220V and local video equipment (PAL) is not compatible with the NTSC system used in the United States. Consult the Office of American Citizens Service's general flyer "Obtaining Evidence Abroad". See Additional Information below.
STENOGRAPHERS/TRANSLATORS: Commercial stenographer and interpreter services are available in Cyprus. Consult the U.S. Embassy 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 requested 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: Requests which require compulsion of evidence must be submitted in accordance with the requirements of the Convention and submitted to the designated Central Authority. In cases not governed by the Hague Convention, letters rogatory may be used. Consult our general flyer, "Preparation of Letters Rogatory". See note below regarding criminal cases.
CRIMINAL CASES: Requests for evidence in criminal cases must be made in the form of letters rogatory. The letters rogatory request should include a Greek translation. If the request is accepted, the evidence will be taken either by the police or an appointed judge. Cyprus does not require that the the letters rogatory be authenticated by the consular officials of Cyprus in the United States or that it be triple certified by the requesting court. The "apostille" process required by the Hague Legalization Convention should be followed when requesting evidence by letters rogatory (see Authentication of Documents below).
AUTHENTICATION OF DOCUMENTS: Cyprus is a party to the Hague Convention Abolishing the Requirement for Legalization of Foreign Public Documents (TIAS 10072; 527 UNTS 189, 20 Int'l Legal Materials 1405 - 1419 (1981). Information on the competent authority to issue certifications pursuant to the Convention (known as "apostille" certificates) is available via the State Department home page on the Internet or via our automated fax service. See Additional Information below. See also the State Department Authentications Office home page at http://www.gov/aboutstate/authenticate.
TRANSLATIONS: The Cypriot 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 Greek.
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.
LISTS OF FOREIGN ATTORNEYS: Lists of foreign attorneys prepared by the U.S. Consulate General are available from the Office of American Citizens Services or directly from the U.S. Embassy.
U.S. EMBASSY LOCATION:
Metochiou and Ploutarchou Streets
Engomi
2407 Nicosia
Tel: 357-22-776-400
Fax: 357-22-776-841
ADDITIONAL INFORMATION: The Office of American Citizens Services has several general information flyers on international judicial assistance, many of which are available through our automated fax system or via our Internet Consular Affairs Home Page. These topics include:
USING THE AUTOFAX SYSTEM:
* Dial (202) 647-3000 using the phone on your fax machine.
* Follow the prompt to obtain a printed index of judicial assistance topics.
Index of Topics: There are four indexes.
Travel Information - Index of Countries - Press 1
Passports and Visas - Index of Flyers - Press 2
Judicial Assistance - General and Country Specific - Press 3
Child Custody and Adoption - Index of Flyers - Press 4
If you know the code for the document you want, simply enter it and follow the prompts. If you do not know the code, follow the prompts to request an index and then select index 3 for judicial assistance.
* Enter the four digit code for the document desired as listed in the index.
* When the prompt identifies the document and asks if you want that document, enter Y (9) for yes or N (6) for no.
* If you want another document, enter the four digit code, using the same procedures noted in the previous step.
* When you finish selecting, press the # key on the phone keyboard and press the start button on your fax machine.
* Hang up the phone.
* After a brief delay of up to a minute, the documents will print automatically on your fax machine.
Using the Internet: Many of our judicial assistance flyers are also available on the Internet via the Department of State, Bureau of Consular Affairs Home Page at the URL: http://travel.state.gov under "Judicial Assistance" or via the main State Department Home Page at http://www.state.gov/ under "Travel". See also, the Department of State, Office of the Legal Adviser for Private International Law (L/PIL) Home Page at http://www.state.gov/s/l/c3452.htm.
TREATY DATABASES ON THE INTERNET:
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.acda.gov/state/.
United Nations (UN): http://www.un.org/ under Databases/Treaties at http://www.un.org/Depts/Treaty/;
Council of Europe (COE): http://www.coe.fr:80/index.html under Texts/Treaties http://www.coe.fr.80/eng/legaltxt/treaties.htm;
Organization of American States (OAS): http://www.oas.org/ under Public Information/Documents/Treaties at gopher://oasunix1.oas.org:70/11/pub/english/treaties.
U.S. House of Representatives Internet Law Library Treaties and International Law: http://law.house.gov/89.htm.
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
| 
