As a Spanish territory, the Canary Islands are subject to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, 20 UST361. While adhering to this globally recognized treaty that governs service of process among most industrialized nations, it is crucial to recognize that Spanish procedure, as dictated by the Civil Procedure Law (LEC), has particular requirements. Courts emphasize strict adherence to treaty procedures, recognizing that failure to utilize the proper channels can invalidate service. Furthermore, while Spain does not object to alternative service methods listed in Article 10 of the Convention (such as informal mail or service via judicial officer/procurador), each country’s ability to issue reservations, declarations, and notifications effectively allows them to customize treaty application, including mandates on translation requirements. When you require evidence abroad, particularly in the Canary Islands, Ancillary can assist during discovery to ensure compliance not only with applicable state or federal rules but also with the specific laws and regulations of Spain regarding the location and retrieval of evidence.
Ancillary has extensive experience with:
The Hague Convention
The Inter-American Treaty
The Letters Rogatory
The Foreign Sovereign Immunities Act
