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OVERVIEW
Foreign documents are served under Order 65, rule 2A of Malaysian Rules of Court 2012. This is a provision that allows for an alternative mode of service of foreign documents in Malaysia. The text of the Order reads as follows:
2A. Alternative mode of service of foreign legal process
(1) Subject to rule 3 (which applies where there is a service convention between countries), this rule applies in relation to the service of any process required in connection with civil proceedings pending before a Court or other tribunal of a foreign country where rule 2 ( service via letter rogatory) does not apply or is not invoked.
(2) The service of any such process within Malaysia may be effected by a method of service authorized by these Rules for the service of analogous process issued by the Court.
(3) This rule shall apply notwithstanding that the foreign process is expressed to be or includes a command of the foreign sovereign.
海牙/正式服务
Malaysia is not a signatory to Hague Service Convention and Inter American Convention. Formal method of service of documents is letters rogatory unless there is a service convention between the countries.
非正式服务
传达诉状
Malaysia is not a party to the Hague Service Convention. In the absence of any prohibition against it, service of process in Malaysia may be effected by mail, by agent, such as a local attorney, or through letters rogatory. Litigants may wish to consult an attorney in Malaysia before pursuing a particular method of service of process, particularly if enforcement of a U.S. judgment is contemplated in the future.
Service on a Foreign State: See also Service Under the Foreign Sovereign Immunities Act (FSIA) feature and FSIA Checklist for questions about service on a foreign state, agency or instrumentality.
CRIMINAL MATTERS
Prosecution Requests: U.S. federal or state prosecutors should also contact the Office of International Affairs, Criminal Division, Department of Justice for guidance.
Defense Requests in Criminal Matters: Criminal defendants or their defense counsel seeking judicial assistance in obtaining evidence or in effecting service of documents abroad in connection with criminal matters may do so via the letters rogatory process.
TAKING VOLUNTARY DEPOSITIONS OF WILLING WITNESSES
Malaysian authorities have advised the U.S. Embassy that voluntary depositions of willing witnesses in civil and commercial matters may be taken before U.S. consular officers in Malaysia. Malaysia is not a party to the Hague Evidence Convention. Voluntary depositions may be conducted in Malaysia regardless of the nationality of the witness, provided no compulsion is used. Oral depositions or depositions on written questions may be taken by U.S. consular officers or by private attorneys from the United States or Malaysia at the U.S. Embassy or at another location such as a hotel or office, either on notice or pursuant to a commission. If the services of a U.S. consular officer are required to administer an oath to the witness, interpreter and stenographer, such arrangements must be made in advance with the U.S. embassy directly.
AUTHENTICATION OF DOCUMENTS
Malaysia is not a party to the Hague Convention Abolishing the Legalization of Foreign Public Documents. Documents issued in the United States may be authenticated for use in Malaysia by (a) contacting the U.S. Department of State Authentications Office and (b) then having the seal of the U.S. Department of State authenticated by the Embassy of Malaysia in Washington, D.C. Documents issued in U.S. states must first be authenticated by the designated state authority, generally the state Secretary of State.
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DISCLAIMER:
Information provided is for general reference purposes only and may not be fully accurate in every individual case. For matters requiring interpretation or application of specific foreign laws, inquiries should be directed to the relevant foreign authorities or qualified foreign legal counsel.
