Service abroad of judicial and extrajudicial documents
The activity of service is a fundamental phase of civil, criminal, tax, administrative, bankruptcy and labour proceedings, as well as of certain pre-trial or administrative phases, which gives legal knowledge of a measure through the delivery of a deed, judicial or extrajudicial, by a particular notifying party, in accordance with precise procedures.
Pursuant to art. 37 of Legislative Decree 71/2011, the Consular Office serves the documents referred to it, in accordance with the provisions on judicial cooperation of the EU, the relevant international conventions and the laws of the State of residence.
A distinction must be made between civil and administrative acts.
As regards the former, according to which the request for direct notification of foreigners (but also Italians, when the diplomatic route is not preferred) must be addressed directly – not through the Embassy – to the Central Authority indicated by the acceding country. In this case the Ministerio de Relaciones Exteriores – Dirección de Asuntos Migratorios, Consulares y Servicio al Ciudadano.
Administrative acts, on the other hand, must be sent directly from Italy by registered post by the concerned body/entity. In such cases, any request that reaches the Embassy directly may be returned to the sender, unless diplomatic channels are expressly requested, which are sometimes used when the first attempt by ordinary channels is unsuccessful.
If the address is unknown, it is not possible to serve the document abroad.
There are guides on the Ministry of Foreign Affairs’ website on the service of documents abroad, where you can find all the legal references:
- Notification abroad of judicial and extrajudicial documents in civil and commercial matters
- Notification of administrative acts to persons residing abroad
- Service in Italy of judicial and extrajudicial documents in civil-commercial, administrative and criminal matters
It is also advisable to consult the following official websites of the competent professional bodies dealing with this matter:
Official website of the Notariat
Official website of the Association of Judicial Officers in Europe (AUGE);
Official website of the National Association of Civil Status and Registry Officials (ANUSCA).