Switzerland Judicial Assistance


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.  This circular 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 circular to take a position on any aspect of any pending litigation.

Summary:  Judicial assistance between the United States and Switzerland is governed by the following treaties to which both countries are parties, and local law and practice:
Hague Convention on the Service Abroad of Judicial and Extra-Judicial Documents in Civil and Commercial Matters , 20 UST 361;
Hague Convention on the Taking of Evidence Abroad in Civil and Commercial Matters, 23 UST 2555;
U.S. – Switzerland Mutual Legal Assistance in Criminal Matters Treaty, TIAS 8302, 27 UST 2019, January 23, 1977

Vienna Convention on Consular Relations (VCCR), 21 UST 77, TIAS 6820, 596 U.N.T.S. 261

Service of Process : Switzerland is a party to the Hague Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil and Commercial Matters.  The only method of service available for use in Switzerland is service by the designated Swiss Central Authority.  Switzerland made a formal declaration and reservation objecting to other methods of service.

Translations:  Switzerland also declared that documents to be served must be translated into German, French or Italian, depending on the part of Switzerland in which the document is to be served.

Swiss Central Authorities:  Switzerland designated various Central Authorities to effect service of process based on the Canton where the person to be served is located.  Information about these authorities is available at this link to the Hague Conference on Private International Law’s webpage.  See also the U.S. Embassy Bern – Swiss Central Authorities For Hague Service and Evidence Conventions, which provides the Central Authority information in English.
Persons requesting service of process of U.S. documents in Switzerland should transmit the USM-94 form or the new interactive Service Convention form available from the Hague Conference web page.  The request form should be completed in duplicate and submitted with two sets of the documents to be served directly to the designated Swiss Authority.  The person executing the request form should be either an attorney or clerk of court.  The applicant should include attorney at law or clerk of court title on the identity and address of applicant and signature/stamp fields.
For general guidance about how to transmit requests for service of process, see our Hague Service Convention feature.  See Switzerland’s response to the 2003 Questionnaire in preparation for the Special Commission on the Practical Operation of the Hague Service Convention and the new edition of the Practical Handbook on the Operation of the Hague Service Convention.

Obtaining Evidence in Civil and Commercial Matters:  Switzerland is a party to the Hague Convention on the Taking of Evidence Abroad in Civil and Commercial Matters.  See Switzerland’s response to the 2003 Questionnaire on the Practical Operation of the Hague Evidence Convention.  See also Switzerland’s formal declarations and reservations regarding the Convention made when Switzerland became a party to the treaty.

Taking Depositions of Willing Witnesses :  The Swiss Office of Federal Justice – Conditions for a Commissioner or Diplomatic or Consular Official to Obtain Evidence in Switzerland explains that the taking of a voluntary deposition in Switzerland is subject to prior authorization by the Federal Department of Justice and Police.  Foreign requests must be addressed to the central authority of the canton where the evidence is to be taken or where the person to be deposed is located.  To speed up the process, Swiss authorities recommend that you send a copy to the Federal Office of Justice, International Private Law Unit, 3003 Bern, Switzerland.  Review carefully the Swiss Office of Federal Justice – Conditions for a Commissioner or Diplomatic or Consular Official to Obtain Evidence in Switzerland regarding the information that must be submitted before a request will be considered.  Section 271 of the Swiss penal code provides that attorneys attempting to take a deposition or serve process in Switzerland outside of these authorized methods are subject to arrest on criminal charges.

After permission has been granted by the Swiss authorities, consult U.S. Embassy Bern – Judicial Assistance Obtaining Evidence for guidance about U.S. embassy assistance regarding the taking of depositions.  After permission is granted, parties involved in taking the deposition (including the U.S. consular officer) must schedule a mutually convenient time for the procedure. Unfortunately, space is very limited at the Embassy, which will make scheduling difficult.

Travel to Switzerland For Judicial Assistance Activities :  Before traveling to Switzerland for judicial assistance related activities, see the U.S. Department of State Country Specific Information - Switzerland.  It is also recommended that U.S. travelers register with the U.S. Embassy using our on-line registration system. If a U.S. federal, state or local official will participate in the deposition, contact the Office of Policy Review and Inter-Agency Liaison, at 888-407-4747 or ASKPRI@state.gov for assistance in obtaining host country clearance for the travel of U.S. officials to conduct judicial assistance activities abroad. 

Compulsion of Evidence in Civil and Commercial Matters :  Compulsion of evidence from an unwilling witness may only be taken before a Swiss court.  A formal letter of request must be prepared and submitted in accordance with the Hague Convention on the Taking of Evidence Abroad in Civil and Commercial Matters.  See the model letter of request at this link to the Hague Conference web page.  Switzerland has 26 separate Central Authorities, one for each canton.  A letter of request should be addressed to the appropriate central authority in the official language of that authority (i.e., French, German, or Italian, or translated into that language.  To determine the Central Authority to whom the letter of request should be sent, consult this link to the Swiss Central Authority database on the Hague Conference on Private International Law web page.

Criminal Matters – MLAT Requests: U.S. federal or state prosecutors should also contact the Office of International Affairs, Criminal Division, Department of Justice at (202) 514-0015 for guidance about the U.S. – Switzerland bilateral Mutual Legal Assistance in Criminal Matters (MLAT) treaty.  This treaty is not available as a mechanism for defense requests to take evidence in criminal matters.

Defense Requests in Criminal Matters :  The U.S. Department of State expects criminal defendants, or their defense counsel, who wish to request judicial assistance in obtaining evidence or in effecting service of documents abroad in connection with criminal matters to make such requests pursuant to letters rogatory, which may be transmitted via diplomatic channels in accordance with Article 5(j) of the VCCR.  For general guidance about preparation and transmittal of such requests, see our Letters Rogatory feature.  Letters rogatory should be translated into the official language of the Canton where the witness or evidence is located (i.e., French, German or Italian).  The U.S. Embassy will transmit the request to the Swiss Federal authorities upon receipt from the U.S. Department of State, American Citizens Services and Crisis Management, European Division, 1-888-407-4747.

U.S. Consular Fees for Judicial Assistance (Depositions or Letters Rogatory): Current consular judicial assistance services fees are set forth in 22 CFR 22.1.  No fees are charged for depositions at the request of U.S., state or local government officials (22 CFR 22.1 Schedule of Fees item 53(a) or at the request of parties that have been found to be indigent by the court (22 CFR 22.1 Schedule of Fees item 53(b).

Authentication of Documents:  Switzerland is a party to the Hague Convention Abolishing the Requirement for Legalization of Foreign Public Documents.  Swiss authorities designated by Switzerland as competent to issue an “apostille” certificate under this treaty are available at this link to the Hague Conference on Private International Law web page.  For authentication of documents originating in the United States for use in Switzerland, see the U.S. Department of State Authentications Office webpage.

Enforcement of Judgments:  There is no treaty in force between the United States and any country on the reciprocal enforcement of judgments in general.
There is a bilateral agreement in force between the United States and Switzerland on Child Support Enforcement.  The U.S. Central Authority is the Office of Child Support Enforcement in the Department of Health and Human Services.

Lists of Attorneys in Switzerland:  See the U.S. Embassy in Bern List of Attorneys.  See also Retaining a Foreign Attorney

ADDRESS OF THE AMERICAN EMBASSY IN SWITZERLAND:

The U.S. Embassy is located at Sulgeneckstrasse 19
CH-3007 Bern; Tel. (41) (31) 357-7011, fax (41) (31) 357-7280. The Embassy’s email address is bernacs@state.gov. The U.S. Embassy web site is http://bern.usembassy.gov answers many questions of interest to Americans visiting and residing in Switzerland.
The U.S. Consular Agency in Zurich is located at the American Center of Zurich, Dufourstrasse 101, 8008 Zurich; Tel: (41)(43) 499-2960, fax (41)(43) 499-2961.
The U.S. Consular Agency in Geneva is located at rue Versonnex 7, CH-1207 Geneva, tel: 022-840-51 60, fax: 022-840-51-62.
Links

U.S. Government Links

Switzerland Links
Swiss Office of Federal Justice
Swiss Office of Federal Justice – International Mutual Legal Assistance in Civil and Criminal Matters
Swiss Office of Federal Justice – Mutual Legal Assistance in Civil Matters
Swiss Office of Federal Justice – International Judicial Assistance in Civil Matters Guidelines
Swiss Office of Federal Justice – Conditions for a Commissioner or Diplomatic or Consular Official to Obtain Evidence in Switzerland
Swiss Office of Federal Justice – Mutual Legal Assistance in Criminal Matters
Swiss Office of Federal Justice – International Child Abduction
Swiss Office of Federal Justice – Assistance to Victims of Crime

Reference
Baumgartner, Class Actions and Group Litigation in Switzerland, 27 NW. J. INT'L L. & BUS. 301 (2007)
Ritter, Switzerland’s Patent Law History, 14 Fordham Intell. Prop. Media & Ent. L.J. 463 (2004)
Walter, Mass Tort Litigation in Germany and Switzerland, 11 Duke J. Comp. & Int'l L. 369 (2001)
Piantino , Switzerland's Treatment of U.S. Money Judgments, 46 Am. J. Comp. L. 181 (1998)
Piantino, Recognition And Enforcement Of Money Judgments Between The United States And Switzerland: An Analysis Of The Legal Requirements And Case Law, 17 N.Y.L. Sch. J. Int'l & Comp. L. 91 (1997)

Hafter & Rohner, Enforcing Foreign Judgments in the United States and United States Judgments in Switzerland, Enforcing Foreign Judgments in the United States and United States Judgments Abroad 182, ABA Section of International Law and Practice (1992).

Symeonides, Swiss Federal Statute on Private International Law of December 18, 1987, Section 5, Recognition and Enforcement of Foreign Judgments, 37 Am. J. of Comp. L. 201 (1989).

Frei, Overcoming Bank Secrecy:  Assistance in Tax Matters in Switzerland on Behalf of Foreign Criminal Authorities, 9 N.Y. L.S. J. Int’l and Comp. L. (1988).