Process service in Japan

Japan is a signatory to the Hague Convention on the Service Abroad of Judicial and Extra-Judicial Documents in Civil or Commercial Matters. Process service under the Hague Convention is formally deemed as the legal manner in Japan, however, in fact process serving system itself is not known by most of the Japanese because legal documents are usually served by special postal service and postman will draw up a proof of delivery for the court in Japan.

Qoted from HCCH (Hague Convention on private international law) Japan – Central Authority & practical information

Formal Service (Art. 5 (1)(a))

The Minister for Foreign Affairs refers the document to the competent court of justice. Service is then effected either by post (special postal service, Article 49 of the Mail Act; a report of service is drawn up by the postman) or through a marshal.

Informal delivery (Art. 5(2))

The Minister for Foreign Affairs refers the documents sent to it to the competent court clerk. The court clerk informs the addressee of the documents to be served and the addressee then either presents himself/herself to the court or requests that they be forwarded to him / her. In the latter case special postal service will be effected (Article 49 of the Mail Act; the postman will draw up a report of the delivery).When the person to be served refuses to accept the documents, or fails to appear or to apply for forwarding the documents to him/her within three weeks of the date on which he/she was informed, the documents will be returned to the applicant.

Service by a particular method (Art. 5(1)(b))

When it is so requested, a marshal will effect service by delivering the document directly to the person after ascertaining that he/she is the addressee.

Quoted from US Department of State TRAVEL.STATE.GOV.

Japan judicial assistance

Service of Process :

The United States and Japan are a parties to the Hague Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil and Commercial Matters.  Persons requesting service of process of U.S. documents in Japan in civil and commercial matters should execute the USM-94 form or the new interactive Service Convention form available from the Hague Conference on Private International Law web page.  The request form should be completed in duplicate and submitted with two sets of the documents to be served directly by the requesting attorney or clerk of court to the Japanese Central Authority.  The Japanese Central Authority is Ministry of Foreign Affairs, 2-2-1 Kasumigaseki Chiyoda-ku, Tokyo 100-8919 Japan.  The person executing the request form should be either an attorney or clerk of court.  The applicant should include attorney at law or clerk of court title on the identity and address of applicant and signature/stamp fields.  See the U.S. response to the 2003 Questionnaire in preparation for the Special Commission on the Practical Operation of the Convention.  Question 17.3 addressed the issue of who is authorized under U.S. law to execute a request under the Convention.  Attorneys should cite Rule 4 of the Federal Rules of Civil Procedure or comparable state statute permitting attorneys to execute service requests.  Proof of service is transmitted to the requester by the Japanese central authority through the Japanese embassy and consulates in the United States.  For general guidance about how to transmit requests for service of process, see our Hague Service Convention feature.  See also Japan’s response to the 2003 Questionnaire in preparation for the Special Commission on the Practical Operation of the Hague Service Convention and the new edition of the Practical Handbook on the Operation of the Hague Service Convention.