|Description (or download in PDF, if available)||
INSTRUCTIONS FOR FILLING OUT THE NOTICE|
ESTABLISHED BY THE AUTHOR OF THE REPORT ON THE RECOMMENDATION
MR GUSTAF MÖLLER (FINLAND)
a identity and address of the addressee
The name and address of the intended recipient should appear clearly on top of the warning.
In addition, where the document is not sent to or served upon the addressee in his private capacity, he should be informed that he is receiving it e.g. in his capacity as director of a company, tutor, representative of an estate, trustee, receiver in bank-ruptcy, etc.
b enquiries about the availability of legal aid or advice in the country where the document was issued may be directed to ...
Here the name, address and where appropriate the telephone number should be given of the authority or organization in the country where legal action is to be taken which is most qualified to give the recipient full details on the availability of legal aid or advice (e.g. court, legal aid bureau, law society).
c name and address of the requesting authority (where appropriate the words "or authority or person who caused the document to be issued" are to be added)
Besides the name and address, it is also recommended to insert in the corresponding blank of this item the telephone number of the requesting authority or of the authority (or person) who caused the document to be issued, so that the recipient may in a speedy and informal way enquire there for further details.
In the event that further information is only available elsewhere, the name, address and telephone number of the authority or person concerned should be given in addition.
d particulars of the parties
The corresponding blanks of this item should be completed with the names and addresses (perhaps sometimes also the telephone numbers) of the parties, i.e. the plaintiff and the respondent. Where an extrajudicial document is concerned, the name and address of the person interested in the transmission of the document should be stated. In the case of a judgment it will be the names of the person entitled to the judgment and the person against whom the judgment is given. If the addressee is one of the parties and the corresponding blank to the item "identity and address of the addressee" has been properly completed, it is of course unnecessary to complete this item with all the particulars of that party.
e judicial and extrajudicial documents
The "SUMMARY OF THE DOCUMENT TO BE SERVED" distinguishes between a "JUDICIAL DOCUMENT" and an "EXTRAJUDICIAL DOCUMENT" .
Any document relating to litigation, including summary proceedings or uncontested proceedings, e.g. summons, judgment, order or application, is regarded as a judicial document. Any other legal document is to be classified as an extrajudicial document.
If the document to be sent or served is a judicial document, the capitals "EXTRAJUDICIAL DOCUMENT" should be deleted, and vice versa.
f nature and purpose of the document
The nature and purpose of the document means the legal classification of the document, for example, writ of summons, judgment, order, etc. A brief summary of contents of the document (e.g. claim or judgment for divorce, alimony or maintenance, or for damages) falls under the "purpose of the document". When the document relates to legal proceedings, the reference to the purpose of the document may be expressed very briefly since the nature and purpose of the proceedings will be described more in detail under the next item (g).
g nature and purpose of the proceedings and where appropriate the amount in dispute
Under this item, which only relates to judicial documents, the remedy or relief sought by the claimant should be mentioned more in detail than under the preceeding item. Thus, for instance, when a sum of money is claimed, the exact sum should be mentioned and, where appropriate, briefly the ground for the claim, e.g. damages arising out of a traffic accident.
h date and place for entering appearance
If inappropriate this item, which relates to judicial documents only, should be deleted.
If the recipient who is to take action on the document sent or served abroad is required to enter appearance before a court or an authority, the exact date and place for entering appearance should be mentioned under this item. In order to avoid any misunderstanding, the month should be written in letters. If possible it may moreover be appropriate to mention the possible qualifications which are required of a representative, e.g. a lawyer authorized by the court concerned.
i court which has given judgment and date of judgment
If inappropriate these items, which relate to judicial documents only, should be deleted.
These two items do not seem to present any problems which have to be dealt with in these instructions. In some cases it may, however, be appropriate to mention the address of the court, e.g. when the judgment is a default judgment and the person against whom the judgment is given has the possibility to apply to that court for the re-opening of the judgment on the grounds of default.
j time-limits stated in the document
If inappropriate this item, which may relate to both judicial and extrajudicial documents, should be deleted.
Any time-limit stated in the document for the institution of legal proceedings or review of a judgment or a decision, should be mentioned under this item.