Form USM-94 is the U.S. Marshals Service request used to serve court documents on a person located in a foreign country under the Hague Service Convention, and completing it correctly means filling in Pages 1, 3, and 4, leaving Page 2 blank for the foreign authority, and sending two complete sets to the destination country’s Central Authority.1U.S. Marshals Service. USM-94: Request for Service Abroad of Judicial or Extrajudicial Documents The form is a four-page fillable PDF on the USMS website, and the details on it matter more than on most government forms because a foreign government official reads it and decides whether to act.
Before You Start
Three things need to be true before USM-94 is the right form. The matter must be civil or commercial; the Hague Convention does not cover criminal proceedings.2U.S. Marshals Service. Foreign Process You must have a valid foreign address for the person being served; without one, the Convention does not apply.3HCCH. Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters And the destination country must be a Hague Convention member; if it isn’t, see the fallback options at the end of this article.
Two boundaries worth knowing up front. The U.S. Marshals Service does not travel abroad to deliver the documents. It cannot, even if a court orders it.2U.S. Marshals Service. Foreign Process The form is a request routed to the receiving country’s designated Central Authority, which handles service under its own law. And if the party you are serving is a foreign state or one of its agencies rather than a private person or company, service is governed by 28 U.S.C. ยง 1608, not by USM-94.4Office of the Law Revision Counsel. 28 USC 1608 – Service; Time to Answer; Default
Page 1: The Request
Page 1 has four blocks, and every one of them needs your attention.
Applicant. Enter your name, office address, email, and phone number. This is the return address for the completed certificate of service. If a party is represented by counsel, the attorney’s information goes here. A process server or non-lawyer cannot sign a Hague service request.
Address of receiving authority. This is the Central Authority of the country where the person will be served. Every Hague member country designates one, and the correct address is listed on the Hague Conference on Private International Law’s website. Copy it exactly.
The addressee. Enter the full name and complete foreign address of the person being served. A wrong or incomplete address is the most common reason a request stalls or comes back unserved, so verify it before you file.
Method of service. Three checkboxes let you tell the Central Authority how to serve the documents. Choose one:
- Box (a) asks the Central Authority to serve using the method its own domestic law prescribes for local lawsuits. This is the default choice in most cases.
- Box (b) lets you request a specific method, such as personal delivery. Use it only when you need a particular approach and the receiving country’s law allows it.
- Box (c) requests informal delivery to an addressee who accepts voluntarily. Rarely useful in practice.
Below the boxes, list every document you are transmitting for service. Typically that is the summons and complaint, plus any exhibits or additional filings the court requires. Then enter the city where you are signing, the date, and sign in wet ink. Electronic signatures are not accepted.
Page 2: Leave It Blank
Page 2 is the certificate of service. The foreign Central Authority completes it after service is accomplished or attempted, and under Article 6 of the Convention the certificate must state the method, place, and date of service and identify the person who received the documents.3HCCH. Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters Do not write anything on this page.
Page 3: The Notice to the Defendant
Page 3 is a notice directed at the person being served. Two boxes need your input:
- The first box repeats the defendant’s name and address.
- The second box lists the name, address, and phone number of the Legal Aid office nearest to the court hearing the case, so the defendant has a starting point for finding counsel.
Page 4: Summary of the Documents
Page 4 gives the Central Authority and the defendant a plain-language picture of what the lawsuit is about. Fill in each field:
- Requesting authority: your name, address, email, and phone number again.
- Particulars of the parties: every plaintiff and every defendant. Addresses are not required here.
- Nature and purpose of the document: a short statement that the papers notify the defendant of a claim and require a response and appearance.
- Nature and purpose of the proceedings: a plain-language description of the lawsuit, including the dollar amount claimed if one has been specified.
- Date and place for entering appearance: the court’s full name and address and the defendant’s response deadline.
- Court which has given judgment / date of judgment: usually leave blank. Fill this only when you are serving papers to enforce or modify an existing judgment.
- Time limits stated in the document: restate the response deadline.
Translations and Duplicates
Under Article 5 of the Convention, the Central Authority of the destination country may require documents to be written in, or translated into, one of that country’s official languages.3HCCH. Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters Some countries have made formal declarations demanding translation; some specify certified translation; some do not require it at all. Check the destination country’s declarations on the Hague Conference website before you submit anything. Skipping a required translation is a reliable way to get your request bounced back, adding months. Even where translation is not formally required, a court may later refuse to recognize a judgment if the defendant was served in a language they could not read.5HCCH. Frequently Asked Questions – Hague Service Convention
The Convention also requires that the request and the documents to be served be furnished in duplicate.3HCCH. Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters Prepare two complete sets: the USM-94, the summons, the complaint, and any translations.
Where to Send It
Send the completed USM-94 and the duplicate sets of documents directly to the Central Authority of the country where the person will be served, at the address you entered on Page 1. That is the office designated under Article 2 of the Convention.3HCCH. Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters No apostille, legalization, or similar formality is required for the request itself.
Do not send outgoing requests to the Department of Justice’s Office of International Judicial Assistance. That office handles incoming requests from foreign courts to the United States, and it will return anything you send in the other direction.6United States Department of Justice. Office of International Judicial Assistance
Fees are a smaller concern than translation costs. The United States charges no fee for serving documents from countries that reciprocate, and most Hague members follow the same reciprocal no-fee approach, though some charge modest processing fees.7U.S. Marshals Service. Hague Convention on the Service Abroad Certified legal translation is usually the meaningful expense.
After You Send It
Once the Central Authority receives your request, it serves the documents itself or forwards them to a local agency. The method follows whatever the receiving country uses for its own lawsuits, unless you requested a different method in Box (b) and the country’s law allows it.3HCCH. Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters
Timelines vary. Some Central Authorities complete service in weeks or a few months; others take a year or longer.8GovInfo. International Service of Process – A Guide for Judges There is no reliable way to speed up a slow Central Authority from the U.S. side. Build the delay into your litigation calendar. Federal courts are generally aware of these timelines and will extend deadlines when Hague service is pending.
When service is done, the Central Authority fills out the Page 2 certificate and returns it to the applicant address you gave on Page 1. That completed certificate is your proof of service. File it with the court to satisfy Federal Rule of Civil Procedure 4(f).9Legal Information Institute. Rule 4 – Summons – Federal Rules of Civil Procedure If the certificate reports that service could not be completed, it will say why: a wrong address, the person having moved, or a procedural objection. Fix the issue and resubmit.
If the Country Is Not a Hague Member
Rule 4(f)(2) permits several alternatives when the destination country has not ratified the Convention: service as prescribed by that country’s own domestic law, service directed by the foreign authority in response to a letter rogatory, personal delivery, or mail requiring a signed receipt sent by the court clerk, so long as the foreign country’s law does not prohibit the chosen method.9Legal Information Institute. Rule 4 – Summons – Federal Rules of Civil Procedure Rule 4(f)(3) also lets a court order service by any means not prohibited by international agreement. USM-94 may still be used as a cover request in some of these situations, but the routing and process differ from the standard Central Authority channel.