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How to Serve Process in Portugal

By Aaron Lukken on January 5, 2022
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Flag of Portugal at the Castelo de São Jorge in Lisbon. Berthold Werner via Wikimedia Commons.

Portugal is erroneously considered the “little brother” of the bigger country next to it on the Iberian Peninsula.    It has its own culture, its own language, and one heck of a lot more progressive recent history than its neighbor-who-shall-not-be-named.*  At one time, it was a global colonial power, and it counts some of the 16th century’s greatest explorers among its sons.   Pertinent to litigators today, serving process in Portugal is subject to the strictures of the Hague Service Convention, regardless of which U.S. or Canadian venue is hearing the matter.

You’ve got three ways to go:

  1. Tap us on the shoulder for bespoke attention—and probably some amusing commentary to boot (see the upper right if you’re on a desktop, or way down below if you’re on a phone/tablet),
  2. Cruise over to the Hague Envoy platform at USM94.com to automate the completion of your forms in perhaps twenty minutes or so, or
  3. If you’re feeling froggy & prefer to handle the whole thing yourself, keep reading.  This lays out the framework you’ll need.

Some background is in order, if you’re so inclined, before we cut to the chase.

  • The roadmap to the overall process—the recipe to our Secret Sauce.
  • The structure of the Convention itself is discussed in this four-part series.
  • And an absolutely critical note: the Hague Service Convention does not pertain to subpoenas.  Repeat after me—you can’t just SERVE a subpoena abroad and expect it to actually work.  You have to file a Hague Evidence Request, which is dramatically different from serving a summons or notice.

Here’s how service is effected in Portugal

Article 5 Service

  • Translate the documents into Portuguese. Portugal’s declaration to Article 5(3) requires it and, although the defendant may speak flawless English, omitting translated documents will prompt the Central Authority to reject your request.
  • Fill out a USM-94, and do it in Portuguese.  Be very careful about ensuring that it is complete and concise, and make sure that it is signed by a court official or an attorney.  If it is not, make sure that the person signing is commissioned by the court.
  • Send to the Central Authority.
  • Sit tight. It may take a while—possibly a year or more from submission to return of proof.

Article 10 alternative methods

  • Mail service may be available, depending on your venue, but it’s a bad idea anyway.  It’s an even worse idea amid the Covid pandemic, so save yourself a headache by using a more formalized method.
  • Service via local counsel is available under Article 10(b)– a Portuguese attorney can effect service without the involvement of the Central Authority, using the local procedure as if the action were brought in a Portuguese court.  It can save a bit of waiting, but the cost in many cases outweighs the speed.  If time is of the essence, though, this can be a fantastic option.  Just make sure local counsel is adept at Hague issues.

Seriously—that’s all there is to it in Portugal, but don’t get excited.  Sure, the method is straightforward and simple, but it’s going to take a while, even if you have a lawyer handling things for you in-country.  The wheels just move more slowly than they do over here.

Portugal’s declarations and Central Authority information—as well as those of all the other countries in the treaty—can be found here.


* Of course, I mean Spain.

Photo of Aaron Lukken Aaron Lukken

I’m Aaron Lukken, and I wasn’t always a lawyer. My kid sister and I spent a few years abroad as Army brats, and I worked in politics for a while after college. After meandering from job to job in my late twenties, I…

I’m Aaron Lukken, and I wasn’t always a lawyer. My kid sister and I spent a few years abroad as Army brats, and I worked in politics for a while after college. After meandering from job to job in my late twenties, I finally found a home at the phone company, of all places. With a decade of telecom sales experience under my belt, I decided at 37 to finally go back and do what I had always intended… study law.

But even at the start of law school, the idea of a generalized practice never really made sense to me. I wanted something specific, and something that could draw on all the travels of my youth; the only area of the law that was really appealing to me was at the international level. Of course, I also heard the siren call of the courtroom as a 2L, and discovered that litigation was as exciting as geopolitics and international law.

With a whole bunch of luck—and an amazingly supportive wife—I managed to launch a little niche firm smack in the middle of the map… Viking Advocates, LLC in Kansas City (that’s in Missouri, thankyouverymuch). My practice combines treaty analysis with litigation strategy; I truly have the best of both worlds.

When I’m not pondering the intricacies of cross-border legal doctrines, I’m either singing 2nd Tenor with the Kansas City Symphony Chorus or trying to get down to my fighting weight at the local YMCA with my wife, Peggy (an expert in conflict management and dispute resolution). Together we have a small civil & domestic mediation firm serving clients in the KC region. Our overbearing and demanding boss is a tabby cat named Minnie, named after Professor Minerva McGonagall.

Feel free to connect with me on LinkedIn (be sure to tell me you saw this!).

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  • Posted in:
    Featured Posts, International
  • Blog:
    Hague Law Blog
  • Organization:
    Viking Advocates, LLC
  • Article: View Original Source

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