In legal proceedings involving parties located in multiple countries, the writ of service is a key document. It formalizes the communication of a procedural document to an opposing party, often in a foreign language. The slightest inaccuracy in its translation can invalidate the entire procedure. Are you a lawyer, jurist, or court official? Here's what you absolutely need to know.
The act of service: a pillar of the procedure, even internationally
In cross-border litigation, the service of a document (summons, court decision, order) on a party domiciled abroad must comply with strict rules. The translated document must not only faithfully reflect the original, but also comply with the customs of the receiving jurisdiction.
Legal translation then becomes a procedural act in its own right, and not just a simple tool for understanding.
Legal Issues: When a Translation Can Make (or Break) a Proceeding
The failure or poor quality of the translation of a document of service can have serious consequences:
- Nullity of the meaning
- Extension of deadlines
- Inadmissibility of evidence
- Sanctions for failure to comply with the adversarial principle
🔎 Use case 1 : A Spanish law firm serves a court order on a German company. The approximate translation of the term "order for payment" creates confusion with enforcement proceedings. As a result, the receiving company challenges the regularity of the proceedings.
🔎 Use case 2 : In the context of a tax adjustment involving a company based in France and subsidiaries in Luxembourg, the Luxembourg tax authorities require a certified translation of the documents served. A simple free translation delays the procedure by several weeks, while a compliant version is provided.
Translating an act of service: a high-precision exercise
Here are the main technical requirements for this type of document:
- Accurate procedural terminology : every word counts, especially those related to the procedure (summons, time limit for appeal, execution).
- Compliance with foreign law : Poor adaptation to the legal system of the target country can create an error of law.
- Required format : certain documents require a specific presentation or certification (certified translation, apostille, mention of the translator, etc.).
- Legal meaning preserved : beyond the language, the intention and scope of the original act must be preserved.
A document with high probative value... if it is well translated
A document of service can be used as evidence in litigation. It must therefore be able to be presented to a judge or foreign authority without any ambiguity. The translation therefore engages your responsibility, but also that of the entire procedure.
This is why it must be entrusted to a legal translator:
- Who knows civil or commercial procedures
- Who masters the equivalences between legal systems
- And who knows how to work in line with your requirements (deadlines, certifications, confidentiality)
Essential expertise for your cross-border procedures
Legal 230 collaborates with court officers, litigation attorneys, and legal departments facing these challenges. Our specialized translators work in over 230 languages, taking into account your deadline, confidentiality, and admissibility requirements.
We regularly deal with translations of documents to be served in the context of:
- International recovery procedures
- Disputes between companies
- From seizures abroad
- Decisions to be transmitted to an administrative or judicial authority
Do you need to have a document of service translated for abroad?
Don't take any risks with the validity of your proceedings. Entrust your documents to translators who are experts in international litigation.
👉 Request a personalized quote now – our team will respond quickly and confidentially.