Behörden

20: Übereinkommen vom 18. März 1970 über die Beweisaufnahme im Ausland in Zivil- oder Handelssachen

Inkrafttreten: 7-X-1972


Mitglieder der Organisation


Authorities

Albanien

Albanien - Zentrale Behörde (Art. 2)
the Ministry of Justice of the Republic of Albania

Argentinien

Argentinien - Zentrale Behörde (Art. 2) und praktische Information

Central Authority(ies):

Dirección de Asistencia Jurídica Internacional, Dirección General de Asuntos Jurídicos, Ministerio de Relaciones Exteriores y Culto
(Office of International Assistance, Legal Affairs Department, Ministry of Foreign Affairs and Worship)

Contact details:

Address: International Legal Assistance Department
Office of the Legal Advisor
Ministry of Foreign Affairs and Worship
Esmeralda 1212, 4th floor, Of. 402
Ciudad Autónoma de Buenos Aires
Argentina
Telephone: +54 (11) 4819 7385
Fax: +54 (11) 4819 7353
E-mail: [email protected]
General website: www.mrecic.gov.ar  
Contact person: Amb. Horacio A. Basabe
Director of the International Legal Assistance Department
Languages spoken by staff: Spanish, English, French, Portuguese

Practical Information
(The following information was provided by the relevant State authorities or was obtained from the replies to the 2008 Evidence Convention Questionnaire)

Blocking statutes: No blocking statute in force.

Chapter I
(Letters of Requests)

Transmission of Letters of Requests: Letters of Request are first sent to the Central Authority or to another authority of the requesting State before being sent to the Central Authority of the requested State.
Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7): Judicial authority competent to execute the request.
Presence of judicial personnel at the execution of the Letter of Request (Art. 8): No declaration of applicability.
Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11): No declaration of applicability.
Translation requirements (Arts 4(2) and 33):  Accepts Letters of Requests written in or translated into Spanish.
Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26): Argentina seeks reimbursement of costs under Art. 14(2).
There are no constitutional limitations with regard to the reimbursement of fees and costs, in connection with the execution of Letters of Request, for the service of process necessary to compel the appearance of a person to give evidence, the costs of attendance of such persons, and the costs of any transcript of the evidence (Art. 26).
Time for execution: No information available.
Art 23 pre-trial discovery of documents: Letter of Request will not be executed (full exclusion).
Information about domestic rules on the taking of evidence:  Argentine Code of Civil and Commercial Procedure // Código Procesal Civil y Comercial de la Nación Articles 369-374.

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? Argentine law requires the Letter of Request to include specific questions that will be used during witness examination.
Is it a public or private hearing? Private hearing
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)? No, the Request will simply be rejected.
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? No.
Are documents produced by the witness authenticated by the court? Yes.
Is an oath generally administered to the witness? Yes.
Can the witness be made subject to further examination and recall? Yes, but a second Request is necessary.
Are there sanctions for non-appearance of witness? The police power will take the witness to the hearing and he/she would be ordered to pay a pecuniary penalty up to $ 1.000 pesos.
Must interpreters who assist with the witness examination be court-certified? Yes.
How is the testimony transcribed? The court makes a record of the witnesses' testimony.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15 Not applicable.
Article 16
Article 17
Article 18

Taking of evidence by video-links
(under either chapter)
 

Chapter I

Are there legal obstacles to the use of video links? It depends on the judge's appreciation.
Technology used: No information available.
Level of interpretation required: No information available.
Simultaneous or in sequence interpretation: No information available.
Interpretation required in which jurisdiction? No information available.
Who pays for the interpretation? No information available.
How would a request for evidence be handled if witness not willing? No information available.

Chapter II

Are there legal obstacles to the use of video links? Not applicable.
Technology used: Not applicable.
Level of interpretation required: Not applicable.
Simultaneous or in sequence interpretation: Not applicable.
Interpretation required in which jurisdiction? Not applicable.
Who pays for the interpretation? Not applicable.
Bilateral or multilateral agreements Bilateral conventions on judicial co-operation: Brazil (1991) (Ley 24.108), France (1991) (Ley 24.107), Italy (1987) (Ley 23.720), the Russian Federation (2000) (Ley 25.595), Uruguay (1980) (Ley 22.410).

Multilateral or regional conventions on judicial co-operation:

  • Convención Interamericana sobre recepción de pruebas en el extranjero. (I Conferencia Internacional de Derecho Internacional Privado). Panamá, 30/01/1975. OEA.(Ley 23.481)
  • Protocolo Adicional a la Convención Interamericana sobre recepción de pruebas en el extranjero.(III Conferencia Internacional de Derecho Internacional Privado).La Paz, 25/05/1984. OEA. (Ley 24.037)
  • Convención Interamericana sobre exhortos o Cartas Rogatorias. (I Conferencia Internacional de Derecho Internacional Privado).Panamá, 30/01/1975. OEA. (Ley 23.503)
  • Protocolo Adicional a la Convención Interamericana sobre Exhortos y Cartas Rogatorias.Montevideo, 08/05/1979. OEA. (Ley 23.503)
  • Convención sobre prueba e información acerca del derecho extranjero.Montevideo, 08/05/1979. OEA. (Ley 23.506)
  • Protocolo de cooperación y asistencia jurisdiccional en materia civil, comercial, laboral y administrativa.Las Leñas, 27/06/1992. MERCOSUR. (Ley 24.578)
  • Acuerdo complementario al Protocolo de Cooperación y Asistencia Jurisdiccional en materia civil, comercial, laboral y administrativa. Asunción, 19/06/1997. MERCOSUR.(Ley 25.222)
  • Protocolo de cooperación y asistencia jurisdiccional en materia civil, comercial, laboral y administrativa.Las Leñas, 27/06/1992. MERCOSUR. (Ley 24.578)
  • Acuerdo complementario al Protocolo de Cooperación y Asistencia Jurisdiccional en materia civil, comercial, laboral y administrativa. Asunción, 19/06/1997. MERCOSUR. (Ley 25.222)
  • Tratado de Derecho Procesal Internacional. Montevideo, 19/03/1940. (Ley 7771) 
Useful links: -

(This page was last updated on 13 January 2012)

Australien

Australien - Zentrale Behörde (Art. 2) und praktische Information

Central Authority(ies):

the Secretary to the Attorney-General's Department of the Commonwealth of Australia

 

Contact details:

Address: Australian Government
Attorney-General's Department
Robert Garran Offices
3-5 National Circuit
BARTON ACT 2600
Australia
Telephone: +61 2 6141 3332 (for voicemail messages)
Fax: +61 (2) 6141 5452
E-mail: [email protected]
General website: www.ag.gov.au
Contact person: Ms Carmen Miragaya, Principal Legal Officer
Languages spoken by staff: English, Italian

 

Practical Information
(The following information was provided by the relevant State authorities or was obtained from the replies to the 2008 Evidence Convention Questionnaire)

Blocking statutes: Yes, there are two blocking statutes:

Section 42 of the Foreign Evidence Act 1994 (Cth).

Section 7 of the Foreign Proceedings (Excess of Jurisdiction) Act 1984 (Cth).

Chapter I
(Letters of Requests)

Transmission of Letters of Requests: Letters of Request are sent directly from a judicial authority in the requesting State to the Central Authority of the requested State.
Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7): Responsibility for informing the requesting authority of the time and execution of a Letter of Request depends on the State or Territory in question.
Presence of judicial personnel at the execution of the Letter of Request (Art. 8): Declaration of applicability.
Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11): No declaration of applicability.
Translation requirements (Arts 4(2) and 33):  Accepts Letters of Requests written in or translated into English.
Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26): Australia seeks reimbursement of costs under Art. 14(2).
There are no constitutional limitations with regard to the reimbursement of fees and costs, in connection with the execution of Letters of Request, for the service of process necessary to compel the appearance of a person to give evidence, the costs of attendance of such persons, and the costs of any transcript of the evidence (Art. 26).
Time for execution: Typically the time taken to process a request is approximately six months, with some provision to expedite the process in appropriate circumstances.
Art 23 pre-trial discovery of documents: Letter of Request will not be executed (full exclusion)
Information about domestic rules on the taking of evidence:  1. Commonwealth Legislation
Evidence Act 1995 (Cth), Foreign Evidence Act 1994 (Cth), Foreign Proceedings (Excess of Jurisdiction) Act 1984 (Cth).
2. State/Territory Legislation:
Evidence on Commission Act 1995 (NSW), Evidence Act 1958 (VIC), Evidence Act 1929 (SA), Evidence Act 1906 (WA), Evidence Act 1971 (ACT), Evidence Act 1977 (QLD), Evidence on Commission Act 1988 (QLD), Evidence Act 2001 (TAS), Evidence on Commission Act 2001 (TAS), Evidence Act (NT), Uniform Civil Procedure Rules 2005 (NSW), General Rules of Procedure in Civil Proceedings 1996 (VIC), Supreme Court Act 1935 (SA), Rules of the Supreme Court 1971 (WA), Court Procedures Act 2004 (ACT), Court Procedures Rules 2006 (ACT), Uniform Civil Procedure Rules 1999 (QLD), Supreme Court Rules 2000 (TAS), Supreme Court Civil Procedure Act 1932 (TAS), Supreme Court Rules (NT).

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? The Australian Attorney-General's Department encourages parties preparing a Letter of Request to include specific questions to ensure the Letter of Request provides sufficient detail to be executed and avoid uncertainty.
In the New South Wales Supreme Court case of Pickles v Gratzon (2002) 55 NSWLR 533, the Court ruled that a Letter of Request need not disclose with reasonable particularity nature of evidence to be taken. However, a court will not execute a letter of request that is general and does not give sufficient detail to know what specific information is required.
In practice, if counsel expect to appear in the Australian court to cross-examine the witness, it may be appropriate to provide a list of matters only.
Is it a public or private hearing? Generally, Chapter I hearings are public although the executing court may order that the hearing be closed. Examinations conducted other than by an officer of a Court are more likely to be conducted in private.
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)? Yes. The response of the judicial authorities to an unclear or objectionable Letter of Request will depend on the request in question. The questions may be rephrased to rectify defaults in translation, and objectionable questions may be rephrased or omitted if the request is otherwise acceptable. Furthermore, the Attorney-General's Department regularly seeks clarification on requests from the foreign authorities prior to forwarding a Letter of Request to the relevant State or Territory.
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? Generally, the witness is provided in advance with a copy of the questions / matters to be addressed. However, this may not occur where there is a special request not to provide the witness with a copy of the questions / matters prior to examination and the Court makes an order to this effect.
Are documents produced by the witness authenticated by the court? No. Documents produced by a witness in an Australian court are identified by the witness, under oath or affirmation, as the documents specified in the Letter of Request, but are not authenticated by the court in any other way.
Is an oath generally administered to the witness? Yes. Witnesses are given the choice between taking an oath or making an affirmation, the latter being devoid of any religious significance.
Can the witness be made subject to further examination and recall? Yes. First Request may be re-invoked - if the Australian Court so orders, but it is more likely that a further request would be made.
Are there sanctions for non-appearance of witness? Under domestic legislation, a court can issue a subpoena requiring a witness to appear before the court to execute a Letter of Request. Failure to comply with the subpoena without a lawful excuse is a contempt of court and the witness may be arrested or charged with contempt of court.
Must interpreters who assist with the witness examination be court-certified? In Australia, the relevant court must be satisfied that the interpreter has the qualifications necessary for the task. In addition, interpreters are required to take an oath or make an affirmation before the court.
How is the testimony transcribed? In general, testimony is recorded by electronic means and then manually transcribed. Court Reporters can also use computerised stenograph machines to translate shorthand outlines into transcript. The document is then certified by the examiner as being a true and correct transcript of the evidence taken.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15 Applicable. See Competent Authority.
Article 16 Applicable. See Competent Authority.
Article 17 Applicable. No Competent Authority has been designated. However, in practice such requests are considered by the Secretary of the Commonwealth Attorney-General's Department, consistent with the process for Art 15 and 16.
Article 18 No declaration of applicability (i.e., a diplomatic officer, consular agent or commissioner may not apply for appropriate assistance to obtain evidence by compulsion).

Taking of evidence by video-links
(under either chapter)
 

Chapter I

Are there legal obstacles to the use of video links? No. There appears to be some uncertainty as to whether the procedures under the Hague Evidence Convention provide for the ability to take video-link evidence. Australia considers that the Hague Convention makes no specific provision for the taking of evidence by video-link. Notwithstanding, Australia considers that there are no legal obstacles to the usage of modern technologies under the Convention.
Australia further notes that the private international law issues that may arise as a result of video-link evidence are not all addressed by the Convention.
Technology used: Generally, Australian courts may use a broad range of technologies, depending on the case in question, to execute a Letter of Request using video-link. For example, the Evidence (Audio and Audio Visual Links) Act 1998 (NSW) defines video-link as "facilities that enable audio and visual communication between persons at different places" and enables the New South Wales Supreme Court to use any technology that falls within that definition to take video-link evidence.
Level of interpretation required: Professional accredited interpreters required.
Simultaneous or in sequence interpretation: No preference has been indicated.
Interpretation required in which jurisdiction? The requested State.
Who pays for the interpretation? If an interpreter is located in the other State, that State may apportion the costs of the service as it deems appropriate. For an interpreter located in Australia, the Australian authority will seek reimbursement from the foreign authority for the costs of the service (in accordance with Art 14) - the foreign authority may apportion the costs as it deems appropriate.
How would a request for evidence be handled if witness not willing? Under domestic legislation Australian courts can compel witnesses to give evidence using video-link technology. For example, the Evidence (Audio and Audio Visual Links) Act 1998 (NSW) provides that a New South Wales court may, on its own motion or on the application of a party, direct that a party (whether or not a party to the proceeding) give evidence or make a submission to the court by video-link. Where the witness opposes the making of such a direction, the court must not make the direction unless the party making the application satisfies the court that it is in the interests of the administration of justice for the court to do so.
However, Australia will not compel a person to appear via video-link in a foreign court. In such situations, the evidence would need to be taken by the Australian court through the standard Letter of Request process - however, the court might allow video link to be used for some other purpose, such as to allow counsel or parties to appear at the hearing - this would be decided on a case by case basis.

Chapter II

Are there legal obstacles to the use of video links? No. Australia considers that Chapter II of the Hague Convention makes no specific provision for the taking of evidence by video-link. Notwithstanding, Australia considers that there are no legal obstacles to the usage of modern technologies under the Convention.
Australia further notes that the private international law issues that may arise as a result of video-link evidence are not all addressed by the Convention.
Technology used: None of the requests received by Australia under Chapter II have requested the use of video link technology. 
Level of interpretation required: Same as above.
Simultaneous or in sequence interpretation: Same as above. 
Interpretation required in which jurisdiction? Same as above.
Who pays for the interpretation? Same as above.
Bilateral or multilateral agreements

Bilateral Conventions on judicial co-operation: Republic of Korea [2000] ATS 5 and Thailand [1998] ATS 18.

 

Bilateral Conventions on judicial co-operation: Republic of Korea [2000] ATS 5 and Thailand [1998] ATS 18.

Bilateral Conventions on judicial co-operation: Republic of Korea [2000] ATS 5 and Thailand [1998] ATS 18.

Bilateral Conventions on judicial co-operation: Republic of Korea [2000] ATS 5 and Thailand [1998] ATS 18.

Bilateral Conventions on judicial co-operation: Republic of Korea [2000] ATS 5 and Thailand [1998] ATS 18.

The Conventions entered between the United Kingdom and the following States are also applicable to Australia: Austria [1933] (ATS 1), Denmark [1935] ATS 2, Estonia [1933] ATS 3, Finland [1935] ATS 3, Germany [1933] ATS 4, Greece [1938] ATS 1, Hungary [1937] ATS 1, Iraq [1937] ATS 2, Lithuania [1937] ATS 3, Norway [1933] ATS 6, Poland [1933] ATS 7, Portugal [1933] ATS 8, Spain [1933] ATS 9, Sweden [1933] ATS 10, Turkey [1935] ATS 5.

Useful links: http://www.ag.gov.au/pil (Attorney-General's Department website - Private international law)

(This page was last updated on 10 January 2014)

Australien - weitere Behörden (Art. 24)

the Registrars of the State and Territory Supreme Courts

Contact details:

For the jurisdiction of Victoria:

Supreme Court of Victoria
General Registry
Level 2, 436 Lonsdale St
Melbourne  VIC  3000
Australia
tel: +61 (3) 9603 6111
fax: +61 (3) 9603 9400


For the jurisdiction of New South Wales:

Supreme Court of New South Wales
GPO Box 3
Sydney  NSW  2001
Australia
tel: +61 (2) 9230 8111
fax: +61 (2) 9230 8628


For the jurisdiction of the Australian Capital Territory:

Supreme Court of the Australian Capital Territory
GPO Box 1548
Canberra  ACT  2601
Australia
tel: +61 (2) 6267 2707
fax: +61 (2) 6257 3668


For the jurisdiction of Queensland:

Supreme Court of Queensland
PO Box 15167
City East  QLD 4002
Australia
Civil Registry:
tel: +61 (7) 3247 4313 and 3247 4314
fax: +61 (7) 3247 5316 and 3247 5387
Criminal Registry:
tel: +61 (7) 3247 4424
fax: +61 (7) 3247 4906


For the jurisdiction of South Australia:

Supreme Court of South Australia
Civil Registry:
1 Gouger St
Adelaide  SA  5000
Australia
tel: +61 (8) 8204 0476, 8204 0477 and 8204 0497
fax: +61 (8) 8212 7154
Criminal Registry:
Level 3, Sir Samuel Way Building
Victoria Square
Adelaide  SA  5000
tel: +61 (8) 8204 0484
fax: +61 (8) 8204 0543


For the jurisdiction of Tasmania:

Supreme Court of Tasmania
Salamanca Place
Hobart  TAS  7000
tel: +61 (3) 6233 3427
fax: +61 (3) 6233 7816


For the jurisdiction of Western Australia:

Supreme Court of Western Australia
Stirling Gardens
Barrack Street
Perth  WA  6000
tel: +61 (8) 9421 5333
fax: +61 (8) 9221 4436


For the jurisdiction of the Northern Territory:

Supreme Court of the Northern Territory
GPO Box 3946
Darwin  NT  0801
Australia
tel: +61 (8) 8999 7953
fax: +61 (8) 8999 5446

(This page was last updated on 9 January 2007)

Australien - zuständige Behörde (Art. 15, 16)

The Secretary
Australian Government
Attorney-General's Department
Robert Garran Offices
3-5 National Circuit
BARTON, ACT 2600
Australia
Language(s) of communication: English
Internet: www.ag.gov.au/pil

Contact person:

Ms Carmen Miragaya
Principal Legal Officer
tel.: +61 (2) 6141 3332 (for voicemail messages)
fax: +61 (2) 6141 5452
email: [email protected]  

(This page was last updated on 19 February 2014)

Bosnien und Herzegowina

Bosnien und Herzegowina - Zentrale Behörde (Art. 2)

the Ministry of Justice of the Republic of Bosnia and Herzegovina
Trg Bosne i Hercegovine 1
71000 SARAJEVO
Bosnia and Herzegovina
Tel.: +387 (33) 281 560
Fax: +387 (33) 201 653
Contact person: Mrs Selma Music
(language of communication: English)
Email: [email protected]
Internet: http://www.mpr.gov.ba/

(This page was last updated on 14 February 2014)

Bulgarien

Bulgarien - Zentrale Behörde (Art. 2) und praktische Information

Central Authority(ies):

the Ministry of Justice and European Legal Integration of the Republic of Bulgaria

 

Contact details:

Address: 1, Slavyanska Str.
SOFIA 1040
Bulgaria
Telephone: +359 (2) 923 7544
Fax: +359 (2) 980 9223
E-mail: [email protected]
[email protected]
General website: http://www.justice.government.bg
Contact person: Krasimir Voinov
Biliana Beliakova
Languages spoken by staff: Bulgarian, English, German French

 

Practical Information
(The following information was provided by the relevant State authorities or was obtained from the replies to the 2008 and/or 2013 Evidence Convention Questionnaires)

Blocking statutes: Yes, there are two European instruments of this nature:

Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom (see, Article 5(1)).

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (See, Art. 25(1)).

Chapter I
(Letters of Requests)

Transmission of Letters of Requests: Letters of Request are first sent to the Central Authority or to another authority of the requesting State before being sent to the Central Authority of the requested State.
Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7): Judicial authority competent to execute the request.
Presence of judicial personnel at the execution of the Letter of Request (Art. 8): Declaration of applicability. See Competent Authority.
Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11): Declaration of applicability
Translation requirements (Arts 4(2) and 33):  Accepts Letters of Requests written in or translated into Bulgarian.
Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26): Bulgaria seeks reimbursement of costs under Art. 14(2).
There are no constitutional limitations with regard to the reimbursement of fees and costs, in connection with the execution of Letters of Request, for the service of process necessary to compel the appearance of a person to give evidence, the costs of attendance of such persons, and the costs of any transcript of the evidence (Art. 26).
Time for execution: No information available.
Art 23 pre-trial discovery of documents: Letter of Request will not be executed (full exclusion)
Information about domestic rules on the taking of evidence:  See See European Judicial Network in Civil or Commercial Matters - Bulgaria.

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? There is no law that requires specific questions to be included in the Letter of Request. However, it could be better if the courts include a list of specific questions.
Is it a public or private hearing? In general, the hearings are public, but the judge may, in a specific case, order to be conducted private hearings.
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)? No, the Request will simply be rejected.
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? No, the witness is not provided in advance with a copy of the questions/matters.
Are documents produced by the witness authenticated by the court? No, they are not.
Is an oath generally administered to the witness? Yes.
Under Article 170 of the Bulgarian Civil Procedural Code:
"(1) Before the examination of a witness, the court shall establish the identity thereof, shall clarify the information as to whether the said witness may be interested, and shall remind the witness of the liability incurable under the law for perjury.
(2) The witness shall promise to tell the truth."
Can the witness be made subject to further examination and recall? Yes, the witness can be made subject to further examination and recall. The recall must be initiated through a second Letter of Request.
Are there sanctions for non-appearance of witness? Yes, according to Article 85 of the Bulgarian Code of Civil Procedure:
Witness, When Fined
Article 85. (1) If a witness summoned to appear in court fails to appear without reasonable excuse, the court shall impose a fine thereon and shall decree that the attendance of the said witness during the next succeeding hearing be compelled.
(2) If a witness refuses to testify without reasonable excuse, the court shall impose a fine thereon.
Must interpreters who assist with the witness examination be court-certified? Yes.
How is the testimony transcribed? Under Bulgarian law, the testimony is transcribed to the minutes of the court session.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15 Applicable
Articles 16-18 Not applicable.

Taking of evidence by video-links
(under either chapter)
 

Chapter I

Are there legal obstacles to the use of video links? Taking of evidence by video-link is not specially regulated. The taking of evidence is in general terms regulated in the Bulgarian Civil Procedural code.
Technology used: No information available.
Level of interpretation required: No information available.
Simultaneous or in sequence interpretation: No information available.
Interpretation required in which jurisdiction? No information available.
Who pays for the interpretation? No information available.
How would a request for evidence be handled if witness not willing? No information available.

Chapter II

Are there legal obstacles to the use of video links? Not applicable.
Technology used: Not applicable.
Level of interpretation required: Not applicable.
Simultaneous or in sequence interpretation: Not applicable.
Interpretation required in which jurisdiction? Not applicable.
Who pays for the interpretation? Not applicable.
Bilateral or multilateral agreements

Bilateral conventions on judicial co-operation: Albania, Algeria, Armenia, Azerbaijan, Belarus, China, Cuba, Democratic People's Republic of Korea, Georgia, Kuwait, Mongolia, Syria, the Former Yugoslav Republic of Macedonia, Tunisia, Turkey, Ukraine, Union of Soviet Socialist Republics (former), Uzbekistan, Vietnam, Yemen and Yugoslavia (former).

Council Regulation (EC) No. 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters

Useful links: -

(This page was last updated on 7 March 2014)

Bulgarien - Zuständige Behörde (Art. 8)

the Ministry of Justice and European Legal Integration of the Republic of Bulgaria
1, Slavyanska Str.
SOFIA 1040
Bulgaria
Tel.: +359 (2) 923 7413
Fax: +359 (2) 980 9223
E-mail: [email protected]
Website: http://www.justice.government.bg
Languages of communication: Bulgarian, English, French

Contact persons:

(This page was last updated on 10 December 2009)

Deutschland

Deutschland - Zentrale Behörde (Art. 2, 24) und praktische Information

Central Authority(ies):

Letters of Request shall be addressed to the Central Authority of the Land in which the respective request is to be executed. Please click here for the list of Central Authorities.

 

Practical Information
(The following information was provided by the relevant State authorities or was obtained from the replies to the 2008 and/or 2013 Evidence Convention Questionnaire)

Blocking statutes:

Yes, there are two European instruments of this nature:

Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom (see, Article 5(1)).

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (See, Art. 25(1)).

Chapter I
(Letters of Requests)

Transmission of Letters of Requests:

Letters of Request are sent directly from a judicial authority in the requesting State to the Central Authority of the requested State.

Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7):

Judicial authority competent to execute the request.

Presence of judicial personnel at the execution of the Letter of Request (Art. 8):

Declaration of applicability. 

Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11):

No declaration of applicability.

Translation requirements (Arts 4(2) and 33): 

Accepts Letters of Requests written in or translated into German.

Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26):

Germany sought in a few cases reimbursement of costs under Art. 14(2).
There are no constitutional limitations with regard to the reimbursement of fees and costs, in connection with the execution of Letters of Request, for the service of process necessary to compel the appearance of a person to give evidence, the costs of attendance of such persons, and the costs of any transcript of the evidence (Art. 26).

Time for execution:

No information available.

Art 23 pre-trial discovery of documents:

Letter of Request will not be executed (full exclusion).

Nevertheless, Germany allows Letters of Request submitted in pre-trial discovery proceedings to be processed to an appropriate extent within the country. Such requests can be dealt with under Section 14 paragraph 2 of the law implementing the Evidence Convention insofar as this is not precluded by fundamental principles of German procedural law.

Information about domestic rules on the taking of evidence:  Letters of Request will not be executed (full exclusion).

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed?

The views of the German Central Authorities are divided with respect to this topic. While a majority of Central Authorities requires a list of questions, a minority would consider a list of matters sufficient, if there is no intention of seeking disclosure by an adversary of the facts supporting a case.

Is it a public or private hearing?

There is no rule which requires that hearings conducted in judicial cooperation have to be public.

Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)?

German Central Authorities endeavour to execute Letters of Request containing objectionable questions or offensive wording. To this end, they delete or rephrase certain passages after consulting with the requesting authority. However, Central Authorities will not execute Letters of Request if a certain threshold of objectionable questions or offensive wording is exceeded.

Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request?

No.

Are documents produced by the witness authenticated by the court?

No.

Is an oath generally administered to the witness?

In practice, witnesses are sworn in only in exceptional circumstances.

Can the witness be made subject to further examination and recall?

Yes, but a second request is necessary.

Are there sanctions for non-appearance of witness?

Yes. Pursuant to Section 380 of the German Code of Civil Procedure (ZPO), the witness may be charged for the costs caused by his failure to attend. A disciplinary fine may also be imposed on him. When the decision imposing the fine is unenforceable, confinement for contempt of court may be imposed.

Must interpreters who assist with the witness examination be court-certified?

Yes.

How is the testimony transcribed?

A record is made of the taking of evidence pursuant to Sections 159 ff of the German Code of Civil Procedure (ZPO).

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15

Applicable. The taking of evidence by diplomatic officers or consular agents is not permissible in its territory if German nationals are involved.

Article 16

Applicable. The taking of evidence by diplomatic officers or consular agents is not permissible in its territory if German nationals are involved. See conditions and competent authority.

Article 17

Applicable. See conditions and competent authority.

Article 18

No declaration of applicability (i.e., a diplomatic officer, consular agent or commissioner may not apply for appropriate assistance to obtain evidence by compulsion).

Taking of evidence by video-links
(under either chapter)
 

Chapter I

Are there legal obstacles to the use of video links?

No. The term "taking of evidence" is open, allowing the taking of evidence by video-link to be included.

The taking of evidence by video-link for foreign court proceedings is regarded as a special form of taking evidence which may take place without any specific provision because it does not contradict the principles of German law. The persons concerned however, whose image and voice are transmitted, have to agree for their evidence to be taken by video-link as in German law.

Technology used:

No information available.

Level of interpretation required:

No information available.

Simultaneous or in sequence interpretation:

No information available.

Interpretation required in which jurisdiction?

No information available.

Who pays for the interpretation?

No information available.

How would a request for evidence be handled if witness not willing?

No information available.

Chapter II

Are there legal obstacles to the use of video links?

Yes, because it is not guaranteed that the persons concerned have agreed for their evidence to be taken by video-link as provided by German law.

Technology used:

No information available.

Level of interpretation required:

No information available.

Simultaneous or in sequence interpretation:

No information available.

Interpretation required in which jurisdiction?

No information available.

Who pays for the interpretation?

No information available.

Bilateral or multilateral agreements

Supplementary agreements to the Hague Convention of 17 July 1905 and/or of 1 March 1954 were concluded with:  Norway (1977) and Switzerland (1910).

Bilateral conventions on judicial co-operation: United Kingdom (1928) insofar as it also applies to States other than the United Kingdom e.g., Australia, the Bahamas, Canada, Kenya, Malaysia, New Zealand and Nigeria; Morocco (1985), Tunisia (1966).

Council Regulation (EC) No. 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters.

Useful links:

Internationale Rechtshilfe online (in German only).

(This page was last updated on 10 March 2014)

Deutschland - zuständige Behörde (Art. 8, 16, 17)
The Central Authorities - see list (revised in September 2008).

Dänemark

Dänemark - Zentrale Behörde (Art. 2) und praktische Information

Central Authority(ies):

Ministry of Justice

 

Contact details:

Address: Ministry of Justice
Procedural Law Division 
Slotsholmsgade 10
1216 COPENHAGEN K
Denmark
Telephone: +45 7226 8400 
Fax: +45 3393 3510 
E-mail: [email protected] 
General website: http://www.jm.dk/ 
Contact person: -
Languages spoken by staff: Danish, English

 

Practical Information
(The following information was provided by the relevant State authorities or was obtained from the replies to the 2008 Evidence Convention Questionnaire)

Blocking statutes: No blocking statute in force.

Chapter I
(Letters of Requests)

Transmission of Letters of Requests: Letters of Request are sent directly from a judicial authority in the requesting State to the Central Authority of the requested State.
Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7):

Judicial authority competent to execute the request.

Presence of judicial personnel at the execution of the Letter of Request (Art. 8): Declaration of applicability.
Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11): No declaration of applicability.
Translation requirements (Arts 4(2) and 33): 

Letters of Request may be sent in Norwegian and Swedish, and Denmark accepts no obligation to return evidence taken in other languages than Danish.

Denmark will not accept Letters of Request which are sent in French in accordance with Art. 4(2) of the Evidence Convention.
Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26): No information available.
Time for execution: No information available.
Art 23 pre-trial discovery of documents: Letter of Request may be executed subject to certain conditions (qualified exclusion).
Information about domestic rules on the taking of evidence:  Danish Legal Information (the database is in Danish only).

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? No information available.
Is it a public or private hearing? Public hearing.
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)? No information available.
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? No information available.
Are documents produced by the witness authenticated by the court? No information available.
Is an oath generally administered to the witness? No.
Can the witness be made subject to further examination and recall? No information available.
Are there sanctions for non-appearance of witness? Depending on the circumstances, a fine or having the person sought and retained by the police would be the most likely sanctions for a non-appearing witness in a civil or commercial case. 
Must interpreters who assist with the witness examination be court-certified? No.
How is the testimony transcribed? According to Danish law and practice the judge is responsible for transcribing the testimonies during a case. For example the judge can transcribe the testimony himself, he can use a Dictaphone or he can entrust the transcription to the personnel that carries out the minutes of the court session. However, the judge is always responsible for the substance of the minutes regardless of his choice of transcription.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15 Applicable. See Competent Authority.
Article 16 Applicable. See Competent Authority.
Article 17 Not applicable
Article 18 Not applicable

Taking of evidence by video-links
(under either chapter)
 

Chapter I

Are there legal obstacles to the use of video links? The Danish Ministry of Justice is unable at this time to provide an assessment of what the legal basis under the Convention for the taking of evidence by video-link might be.
Technology used: No information available.
Level of interpretation required: No information available.
Simultaneous or in sequence interpretation: No information available. 
Interpretation required in which jurisdiction? No information available. 
Who pays for the interpretation? No information available. 
How would a request for evidence be handled if witness not willing? No information available.

Chapter II

Are there legal obstacles to the use of video links? The Danish Ministry of Justice is unable at this time to provide an assessment of what the legal basis under the Convention for the taking of evidence by video-link might be.
Technology used: No information available.
Level of interpretation required: No information available.
Simultaneous or in sequence interpretation: No information available.
Interpretation required in which jurisdiction? No information available.
Who pays for the interpretation? No information available.
Bilateral or multilateral agreements

  

Useful links:  

(This page was last updated on 7 March 2014)

Dänemark - zuständige Behörden (Art. 15, 16)

Ministry of Justice
Civil Law Division  
Slotsholmsgade 10
1216 COPENHAGEN K
Denmark 
Telephone: +45 7226 8400 
Fax: +45 3393 3510 
E-mail: [email protected] 
Website: www.jm.dk 
Language(s) of communication: Danish, English. 

(This page was last updated on 12 August 2010)

Estland

Estland - zuständige Behörde (Art. 8)

Ministry of Justice
Tönismägi 5A
15191 Tallinn
Estonia
tel.: +372 620 8100
fax: +372 620 8109
e-mail: [email protected]
general website: www.just.ee

Contact person / Personne à contacter :

(This page was last updated on 15 June 2010)

Estland - Zentrale Behörde (Art. 2) und praktische Information

Central Authority(ies):

Ministry of Justice

 

Contact details:

Address: Ministry of Justice
Tõnismägi 5a
15191 TALLINN
Estonia
Telephone: +372 6 208 183
+372 6 208 186
Fax: +372 620 8109
E-mail: [email protected]
General website: http://www.just.ee/
Contact person: Haldi Mäesalu
Languages spoken by staff: Estonian, English, Russian

 

Practical Information
(The following information was provided by the relevant State authorities or was obtained from the replies to the 2008 Evidence Convention Questionnaire)

Blocking statutes:

Yes, there are two European instruments of this nature:

Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom (see, Article 5(1)).

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (See, Art. 25(1)).

Chapter I
(Letters of Requests)

Transmission of Letters of Requests: Letters of Request are first sent to the Central Authority of the requesting State before being sent to the Central Authority of the requested State.
Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7): Central Authority
Presence of judicial personnel at the execution of the Letter of Request (Art. 8): Declaration of applicability. See Competent Authority.
Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11): Declaration of applicability. See declaration.
Translation requirements (Arts 4(2) and 33):  Accepts Letters of Requests written in or translated into Estonian, French and English.
Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26): Estonia has not sought any reimbursement of costs under Arts 14(2) and 26 before 2008.
Time for execution: More than twelve months.
Art 23 pre-trial discovery of documents: Letter of Request may be executed subject to certain conditions (qualified exclusion).
Information about domestic rules on the taking of evidence:  European Judicial Network in Civil or Commercial Matters - Estonia.

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? There are no specific requirements. To ensure the quality of the execution of the Request, it is always better to provide specific questions which should be used during witness examination.
Is it a public or private hearing? Public hearing.
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)? No.
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? The summons shall contain certain amount of information including the object of the dispute and the matter in which the person is to be heard.
Are documents produced by the witness authenticated by the court? Yes.
Is an oath generally administered to the witness?

Two procedural actions can be distinguished:

- Hearing a non-party witness. In this case a witness of at least 14 years of age shall be warned against refusal to give testimony without a legal basis and giving knowingly false testimony. The witness shall confirm this by signing the text of the minutes of the caution. A witness shall not be cautioned if the witness does not understand the meaning of the caution due to mental illness, mental disability or other mental disorder;

- A party who has not been able to prove, by any other evidence, a fact which needs to be proven by him or her or who has not provided any other evidence, has the right to request the hearing of the opposing party or a third person under oath in order to prove the fact.
Can the witness be made subject to further examination and recall? Yes.
Are there sanctions for non-appearance of witness? If a witness fails to appear in court without good reason, the court may fine or compel the witness to attend. Unless, the witness substantiates to the court that the summons was not delivered to him or her on time or that the witness had a good reason for being absent.
Must interpreters who assist with the witness examination be court-certified? Yes.
How is the testimony transcribed? -

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15 Applicable.
Article 16 Applicable. No Competent Authority has been designated. However, in practice such requests are considered by the Ministry of Justice.
Article 17 Applicable. No Competent Authority has been designated. However, in practice such requests are considered by the Ministry of Justice.
Article 18 No declaration of applicability (i.e., a diplomatic officer, consular agent or commissioner may not apply for appropriate assistance to obtain evidence by compulsion).

Taking of evidence by video-links
(under either chapter)
 

Chapter I

Are there legal obstacles to the use of video links? No.
Technology used: No information available.
Level of interpretation required: No information available.
Simultaneous or in sequence interpretation: No information available.
Interpretation required in which jurisdiction? No information available.
Who pays for the interpretation? No information available.
How would a request for evidence be handled if witness not willing? No information available.

Chapter II

Are there legal obstacles to the use of video links? No.
Technology used: No information available.
Level of interpretation required: No information available.
Simultaneous or in sequence interpretation: No information available.
Interpretation required in which jurisdiction? No information available.
Who pays for the interpretation? No information available.
Bilateral or multilateral agreements

Bilateral conventions on judicial co-operation: Russian Federation (1993), Ukraine (1995).

Council Regulation (EC) No. 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters.

Useful links: http://oigusabi.just.ee/tsiv/index.php?th=3&fid=3-3 (Ministry of Justice - in Estonian only)

(This page was last updated on 14 March 2014)

Finnland

Finnland - Zentrale Behörde (Art. 2) und praktische Information

Central Authority(ies):

Ministry of Justice

Contact details:

Address: Street address:
Eteläesplanadi 10
00130 HELSINKI
Postal address:
PL 25
00023 VALTIONEUVOSTO
Finland
Telephone: +358 9 1606 7628
Fax: +358 9 1606 7524
E-mail: [email protected]
General website: click here
Contact person: Ms Maija Leppä
Languages spoken by staff: Finnish, Swedish, English

Practical Information
(The following information was provided by the relevant State authorities or was obtained from the replies to the 2008 Evidence Convention Questionnaire)

Blocking statutes: Yes, there are two European instruments of this nature:

Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom (see, Article 5(1)).

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (See, Art. 25(1)).

Chapter I
(Letters of Requests)

Transmission of Letters of Requests: Letters of Request are first sent to the Central Authority of the requesting State before being sent to the Central Authority of the requested State.
Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7): Judicial authority competent to execute the request.
Presence of judicial personnel at the execution of the Letter of Request (Art. 8): Declaration of applicability. See Competent Authority.
Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11): No declaration of applicability.
Translation requirements (Arts 4(2) and 33): 

Accepts Letters of Requests written in or translated into Finnish and English. By accepting Letters of Request in English, the Republic of Finland does not undertake to execute the request, or transmit the evidence thus obtained in the English language; nor to have translated the documents which establish the execution of the Letter of Request.

Finland also accepts Letters of Request in Swedish. The answer shall be given in the Swedish language if in connection with the Letter of Request this has been specifically requested.

Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26): There are no constitutional limitations with regard to the reimbursement of fees and costs, in connection with the execution of Letters of Request, for the service of process necessary to compel the appearance of a person to give evidence, the costs of attendance of such persons, and the costs of any transcript of the evidence (Art. 26).
Time for execution: No information available.
Art 23 pre-trial discovery of documents: Letter of Request may be executed subject to certain conditions (qualified exclusion).
Information about domestic rules on the taking of evidence:  European Judicial Network in Civil or Commercial Matters - Finland.

Finlex (in Finnish only).

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? Both kinds of requests are accepted in practice. 
Is it a public or private hearing? Public hearing.
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)? Yes.
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? Yes.
Are documents produced by the witness authenticated by the court? No. 
Is an oath generally administered to the witness? Yes.
Can the witness be made subject to further examination and recall? Yes, but a second Request is necessary.
Are there sanctions for non-appearance of witness? A witness who without a lawful cause refuses to give evidence may be obliged under threat of a fine to fulfill his or her obligation. If despite this the witness does not consent to give evidence, the court may order him or her to be detained until he or she consents to give evidence.
Must interpreters who assist with the witness examination be court-certified? No.
How is the testimony transcribed? The testimony is written down in a protocol.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15 Applicable.
Article 16 Applicable. Evidence may be taken without the prior permission of the Finnish authorities.
Article 17 Applicable. Evidence may be taken without the prior permission of the Finnish authorities.
Article 18 No declaration of applicability (i.e., a diplomatic officer, consular agent or commissioner may not apply for appropriate assistance to obtain evidence by compulsion).

Taking of evidence by video-links
(under either chapter)
 

Chapter I

Are there legal obstacles to the use of video links? No.
Technology used: No information available.
Level of interpretation required: No information available.  
Simultaneous or in sequence interpretation: No information available.
Interpretation required in which jurisdiction? No information available.
Who pays for the interpretation? No information available.
How would a request for evidence be handled if witness not willing? No information available.

Chapter II

Are there legal obstacles to the use of video links? No.
Technology used: No information available.
Level of interpretation required: No information available.
Simultaneous or in sequence interpretation: No information available.
Interpretation required in which jurisdiction? No information available.
Who pays for the interpretation? No information available.
Bilateral or multilateral agreements

 

Agreement between Finland, Denmark, Iceland, Norway and Sweden on Mutual Legal Assistance in Service and Taking of Evidence of 1974.

Bilateral conventions on judicial co-operation: Russian Federation (1978), United Kingdom (1933).

Council Regulation (EC) No. 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters.

Useful links:  

(This page was last updated on 14 March 2014)

Finnland - zuständige Behörde (Art. 8)

Ministry of Justice
Street address: Eteläesplanadi 10, 00130 Helsinki
Postal address: PL 25, 00023 VALTIONEUVOSTO, Finland 
Telephone: + 358 9 1606 7628 
Fax: + 358 9 1606 7524  
Website: http://www.om.fi/en/Etusivu/Perussaannoksia/Kvoikeusapu/Yhteystiedot
Language(s) of communication: Finnish, Swedish, English 

Frankreich

Frankreich - Zentrale Behörde (Art. 2) und praktische Information

Central Authority(ies):

Ministère de la Justice

 

Contact details:

Address: Ministère de la Justice
Direction des Affaires Civiles et du Sceau
Bureau de l'entraide civile et commerciale internationale (D3)
13, Place Vendôme
75042 Paris Cedex 01 
Telephone: +33.1.44.77.61.05 / +33.1.44.77.63.80
Fax: +33 (1) 44 77 61 22
E-mail: [email protected]
General website: www.justice.gouv.fr  
www.entraide-civile-internationale.justice.gouv.fr
Contact person: Chef du Bureau de l'entraide civile et commerciale internationale
+33.1.44.77.66.34
Languages spoken by staff: French, English

 

Practical Information
(The following information was provided by the relevant State authorities or was obtained from the replies to the 2008 Evidence Convention Questionnaire)

Blocking statutes:

Yes, there are two European instruments of this nature:

Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom (see, Article 5(1)).

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (See, Art. 25(1)).

Deux articles de la loi n°68-678 du 26 juillet 1968 (les articles 1 et 1 bis) - introduits par une loi du 16 juillet 1980 - font obstacle aux « demandes d'obtention de preuve  sauvages », émises hors les circuits d'entraide judiciaire.

Les dispositions de l'article 1er de cette loi  tendent , « Sous réserve des traités ou accords internationaux », à interdire la communication  à des autorités publiques étrangères de documents ou renseignements d'ordre économique, commercial, industriel, financier ou technique dont la communication est de nature à porter atteinte à la souveraineté, à la sécurité, aux intérêts économiques essentiels de la France ou à l'ordre public, précisés par l'autorité administrative en tant que de besoin.

L'article 1 prévoit : « Sous réserve des traités ou accords internationaux et des lois et règlements en vigueur, il est interdit à toute personne de demander, de rechercher ou de communiquer, par écrit, oralement ou sous toute autre forme, des documents ou renseignements d'ordre économique, commercial, industriel, financier ou technique tendant à la constitution de preuves en vue de procédures judiciaires ou administratives étrangères ou dans le cadre de celles-ci. »

La prohibition qui en résulte est particulièrement large. Elle s'applique en effet :

- même si la communication du document ou du renseignement n'est pas de nature à porter atteinte à la souveraineté, à la sécurité, à l'ordre public ou aux intérêts essentiels économiques de la France,

- même si cette recherche n'est pas suivie d'effet,

- et même si la personne poursuivie n'est ni française ni résidente française.

Par un arrêt du 28 mars 2007, la cour d'appel de Paris (9ème chambre B), infirmant un jugement de relaxe prononcé par le tribunal correctionnel de Paris le 1er juin 2006, a déclaré un avocat coupable du délit de communication de renseignements économique, commercial, industriel, financier ou technique tendant à la constitution de preuves pour une procédure étrangère, et  l'a condamné à une peine de 10 000 euros d'amende. Par arrêt en date du 12 décembre 2007, la Cour de cassation (chambre criminelle) a rejeté un pourvoi formé contre la décision de la cour d'appel de Paris.

Chapter I
(Letters of Requests)

Transmission of Letters of Requests: Letters of Request are sent directly from a judicial authority in the requesting State to the Central Authority of the requested State.
Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7): Judicial authority competent to execute the request.
Presence of judicial personnel at the execution of the Letter of Request (Art. 8):

Declaration of applicability.

Le code de procédure civile français admet expressément la possibilité pour le juge étranger commettant d'assister à l'exécution de la mesure (article 741), ce, sans qu'il soit besoin d'une autorisation de quiconque.

Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11): No declaration of applicability.
Translation requirements (Arts 4(2) and 33):  Accepts Letters of Requests written in or translated into French.
Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26): No.
Time for execution: Between 2 and 6 months, approximately.
Art 23 pre-trial discovery of documents: Letter of Request may be executed subject to certain conditions (qualified exclusion).
Information about domestic rules on the taking of evidence: 

European Judicial Network in Civil or Commercial Matters - France.

Legifrance.

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? Le droit interne français n'a pas d'exigence à cet égard.
Is it a public or private hearing? Public hearing.
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)? Yes.
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? No.
Are documents produced by the witness authenticated by the court? No.
Is an oath generally administered to the witness? Yes.
Can the witness be made subject to further examination and recall? Yes, but a second Request is necessary.
Are there sanctions for non-appearance of witness? L'article 207 du code de procédure civile prévoit que « Les témoins défaillants et ceux qui, sans motif légitime, refusent de déposer ou de prêter serment peuvent être condamnés à une amende civile d'un maximum de 3 000 euros. »
Must interpreters who assist with the witness examination be court-certified?

No.

Le serment n'est prévu que pour les experts judiciaires, lors de leur inscription sur la liste dressée par la cour d'appel.
How is the testimony transcribed? En vertu de l'article des articles 219 et suivants du code de procédure civile, les dépositions des témoins sont consignées dans un procès-verbal daté et signé par le juge, ainsi que par le greffier qui l'a établi.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15 Applicable.
Article 16 Applicable. See conditions and competent authority.
Article 17 Applicable. See conditions and competent authority.
Article 18 No declaration of applicability (i.e., a diplomatic officer, consular agent or commissioner may not apply for appropriate assistance to obtain evidence by compulsion).

Taking of evidence by video-links
(under either chapter)
 

Chapter I

Are there legal obstacles to the use of video links? No.
Technology used:

En application de l'article R. 111-7, 2ème al. du code de l'organisation judiciaire :

 « Les caractéristiques techniques des moyens de télécommunication audiovisuelle utilisés doivent assurer une transmission fidèle, loyale et confidentielle à l'égard des tiers.

Elles sont définies par arrêté du garde des sceaux, ministre de la justice. »

Le réseau de transport utilisé actuellement par le ministère de la justice est le réseau RNIS (Réseau numérique à intégration de services / ISDN), appartenant au réseau téléphonique commuté. Le débit nécessaire est de 256 kb/s.
Level of interpretation required: La France fait appel aux services d'interprètes professionnels accrédités mais s'en remet aussi aux parties et à leur conseil. 
Simultaneous or in sequence interpretation: No preference.
Interpretation required in which jurisdiction? No information available.
Who pays for the interpretation? En qu'en vertu de l'article 748 du code de procédure civile, qui a vocation générale à s'appliquer pour les commissions rogatoires en provenance de l'étranger, les sommes dues aux interprètes sont à la charge de l'autorité étrangère.
How would a request for evidence be handled if witness not willing? Dans l'hypothèse où un témoin se refuserait à une audition par visioconférence conduite par  l'autorité judiciaire, il reviendrait à celle-ci d'en tirer les conséquences. Si l'article 207 du code de procédure civile prescrit notamment que « Les témoins défaillants et ceux qui, sans motif légitime, refusent de déposer ou de prêter serment peuvent être condamnés à une amende civile d'un maximum de 3 000 euros. », le droit interne prévoit qu'en matière civile, le recours à la visioconférence soit subordonné au consentement de l'ensemble des parties.

Chapter II

Are there legal obstacles to the use of video links? No.
Technology used: No information available.
Level of interpretation required: No information available. 
Simultaneous or in sequence interpretation: No information available.
Interpretation required in which jurisdiction? No information available.
Who pays for the interpretation? No information available.
Bilateral or multilateral agreements

Supplementary agreements to the Hague Convention of 1 March 1954 were concluded with:  Austria (1979), Bosnia and Herzegovina (1969), Croatia (1969), Germany (1961), Poland (1967), Serbia (1969), Slovenia (1969), The Former Yugoslav Republic of Macedonia (1969). 

Bilateral conventions on judicial co-operation: Algeria (1962), Australia (1922), Bahamas (1922), Belgium (1956), Benin (1975), Brazil (1996), Bulgaria (1989), Burkina Faso (1961), Cameroon (1974), Canada (1922 and Agreement with Quebec of 9 September 1977), Central African Republic (1965), Chad (1976), China (1987), Congo, Côte D'Ivoire (1961), Czech Republic (1984), Djibouti (1986), Egypt (1982), Gabon (1963), Hungary, Italy (1955), Lao People's Democratic Republic (1956), Lithuania (1928), Luxembourg (1870), Madagascar (1973), Mali (1962), Morocco (1957), Mauritania (1961), Monaco (1949), Mongolia (1994), Niger (1977), New Zealand (1922), Romania (1974), Russian Federation (1936), San Marino (1967), Senegal (1974), Slovakia (1984), Switzerland (1913), Togo (1976), Tunisia (1972), United Arab Emirates (1991), United Republic of Tanzania (1922), Uruguay (1991), Vietnam (1999).

Council Regulation (EC) No. 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters.

Useful links: http://www.entraide-civile-internationale.justice.gouv.fr/

(This page was last updated on 11 March 2014)

Frankreich - zuständige Behörde (Art. 16, 17)

Ministère de la Justice
Direction des Affaires Civiles et du Sceau
Bureau de l’entraide civile et commerciale internationale (D3)
13, Place Vendôme
75042 Paris Cedex 01
téléphone : + 33 (1) 44 77 64 52 - fax : + 33 (1) 44 77 61 22
messagerie : [email protected]
Site Internet : www.justice.gouv.fr
www.entraide-civile-internationale.justice.gouv.fr

persons to contact:

(This page was last updated on 5 August 2011)

Griechenland

Griechenland - Zentrale Behörde (Art. 2) und praktische Information

Central Authority(ies):

Ministry of Justice

 

Contact details:

Address:

Ministry of Justice, Transparency and Human Rights
Section of International Judicial Cooperation in Civil Cases
96, Mesogeion Av.
115 27 Athens
Greece

Telephone:

+30 210 7767312, +30 210 7767322

Fax:

+30 210 7767499

E-mail:

[email protected]
[email protected]
[email protected]

General website:

www.ministryofjustice.gr

Contact person:

Mr George Kouvelas or Mrs Marina Dolia

Languages spoken by staff:

English, French, Greek

 

Practical Information
(The following information was provided by the relevant State authorities or was obtained from the replies to the 2008 Evidence Convention Questionnaire)

Blocking statutes:

Yes, there are two European instruments of this nature:

Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom (see, Article 5(1)).

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (See, Art. 25(1)).

Chapter I
(Letters of Requests)

Transmission of Letters of Requests:

Letters of Request are sent directly from a judicial authority in the requesting State to the Central Authority of the requested State.

Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7):

Central Authority.

Presence of judicial personnel at the execution of the Letter of Request (Art. 8):

Declaration of applicability. See Competent Authority.

Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11):

No declaration of applicability.

Translation requirements (Arts 4(2) and 33): 

Accepts Letters of Requests written in or translated into Greek.

Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26):

Greece has not sought reimbursement of costs under Art. 14(2).
There are no constitutional limitations with regard to the reimbursement of fees and costs, in connection with the execution of Letters of Request, for the service of process necessary to compel the appearance of a person to give evidence, the costs of attendance of such persons, and the costs of any transcript of the evidence (Art. 26).

Time for execution:

No information available.

Art 23 pre-trial discovery of documents:

Letter of Request will not be executed (full exclusion).

Information about domestic rules on the taking of evidence: 

European Judicial Network in Civil or Commercial Matters - Greece.

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed?

A list of specific questions must be included.

Is it a public or private hearing?

Public hearing.

Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)?

No, the Request will simply be rejected.

Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request?

No.

Are documents produced by the witness authenticated by the court?

Yes.

Is an oath generally administered to the witness?

Yes.

Can the witness be made subject to further examination and recall?

Yes but a second request is necessary.

Are there sanctions for non-appearance of witness?

Provided that the witness was legitimately summoned to appear before the court, depending on the case, the court orders either for the police to bring the non-appearing witness by force or to condemn the witness to pay a fine from 15 up to 150 Euros for non-appearance.

Must interpreters who assist with the witness examination be court-certified?

No.

How is the testimony transcribed?

The testimony is transcribed by an appointed judicial secretary.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15

Applicable.

Article 16

Applicable.

Article 17

Applicable.

Article 18

Applicable. See  conditions.

Taking of evidence by video-links
(under either chapter)
 

Chapter I

Are there legal obstacles to the use of video links?

No. Our State bases the use of video-link on the functional development and medium neutral interpretation of the Convention in light of modern technologies.

Technology used:

No information available.

Level of interpretation required:

No information available.

Simultaneous or in sequence interpretation:

No information available.

Interpretation required in which jurisdiction?

No information available.

Who pays for the interpretation?

No information available.

How would a request for evidence be handled if witness not willing?

No information available.

Chapter II

Are there legal obstacles to the use of video links?

No. Our State bases the use of video-link on the functional development and medium neutral interpretation of the Convention in light of modern technologies.

Technology used:

No information available.

Level of interpretation required:

No information available.

Simultaneous or in sequence interpretation:

No information available.

Interpretation required in which jurisdiction?

No information available.

Who pays for the interpretation?

No information available.

Bilateral or multilateral agreements

Council Regulation (EC) No. 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters.

Useful links:

 

(This page was last updated on 22 April 2014)

Griechenland - zuständige Behörde (Art. 8)

Department of International Judicial Cooperation in Civil Cases
96, Mesogion Street
PC 115 27 Athens
Greece
Telephone: +30 210 7767312, +30 210 7767322
Fax: +30 210 7767499
E-mail: [email protected]
Website: www.ministryofjustice.gr
Language(s) of communication: English, French, Greek
Contact person: Ms Eirini KOUZELI

(This page was last updated on 19 August 2010)

Indien

Indien - Zentrale Behörde (Art. 2, 16, 17)
The Ministry of Law and Justice
and the High Courts in all States and Union Territories within India

Indien - zuständige Behörde (Art. 18)
The District Court within whose territory the evidence is to be taken.

Indien - zuständige Behörde (Art. 8)
the Central Authority and the concerned court

Island

Island - Zentrale Behörde (Art. 2)

In accordance with Article 2, paragraph 1, of the Convention, Iceland designates the Ministry of Justice and Ecclesiastical Affairs as the Central Authority which will undertake to receive Letters of Request coming from a judicial authority of another Contracting State and to transmit them to the authority competent to execute them.

Contact details:

Ministry of Justice and Human Rights
Skuggasund 3
150 Reykjavik
Iceland
Tel.: +354 545 9000
Fax: +354 552 7340
E-mail: [email protected]
Intenet: http://eng.domsmalaraduneyti.is/ministry/

Contact person / Personne à contacter:

Ms Guðný Jónsdóttir
Secretary
tel.: +354 545 9000
e-mail: [email protected] 
language of communication: English

(This page was last updated on 14 October 2010)

Israel

Israel - Zentrale Behörde (Art. 2) und praktische Information

Central Authority(ies):

the Director of Courts

Contact details:

Address:

The Director of Courts
Directorate of Courts
Legal Assistance to Foreign Countries
22 Kanfei Nesharim
POB 34142
Jerusalem 95464
Israel

Telephone:

+972 (2) 655 6847

Fax:

+972 (2) 655 6954

E-mail:

[email protected]

General website:

www.justice.gov.il

Contact person: Tamar David
Shlomo Kaplan
Orah Blum
Languages spoken by staff:

English, Hebrew

Practical Information
(The following information was provided by the relevant State authorities or was obtained from the replies to the 2008 Evidence Convention Questionnaire)

Blocking statutes:

No blocking statute in force.

Chapter I
(Letters of Requests)

Transmission of Letters of Requests:

Letters of Request are first sent to the Central Authority of the requesting State before being sent to the Central Authority of the requested State.

Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7):

Central Authority.

Presence of judicial personnel at the execution of the Letter of Request (Art. 8):

Declaration of applicability. No prior authorisation needed.

Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11):

No declaration of applicability.

Translation requirements (Arts 4(2) and 33): 

Accepts Letters of Requests written in or translated into French, English and Hebrew. However, a translation to Hebrew or English will help to speed up and facilitate the processing of the request.

Please note that requests intended for residents of the Palestinian Authority should be directed through the Director of Courts. This authority forwards the requests to the Palestinian Authority. However, the Palestinian Authority has issued regulations for the requests for inhabitants of the areas under Palestinian Authority jurisdiction:

a. The requests are to be translated into Arabic and Hebrew.
b. The request will include the full name (four names) of the recipient.
c. The request will include the Identification Number of the recipient.
d. The request will include the full address as far as possible.

Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26):

Israel has not sought reimbursement of costs under Art. 14(2).
There are no constitutional limitations with regard to the reimbursement of fees and costs, in connection with the execution of Letters of Request, for the service of process necessary to compel the appearance of a person to give evidence, the costs of attendance of such persons, and the costs of any transcript of the evidence (Art. 26).

Time for execution:

Less than 2 months on average.

Art 23 pre-trial discovery of documents:

Letter of Request may be executed (no declaration).

Information about domestic rules on the taking of evidence: 

-

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed?

A list is required. The questions should be specific enough to be addressed in court.

Is it a public or private hearing?

Public hearing.

Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)?

Yes.

Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request?

No, unless requested by the requested authority.

Are documents produced by the witness authenticated by the court?

No.

Is an oath generally administered to the witness?

No.

Can the witness be made subject to further examination and recall?

Yes, but a second request is necessary.

Are there sanctions for non-appearance of witness?

Such witness might be subject to the contempt of court legislation, and a compulsory attendance order may be issued against him.

Must interpreters who assist with the witness examination be court-certified?

No.

How is the testimony transcribed?

The testimony is printed.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15

Applicable.

Article 16

Applicable. See Competent Authority.

Article 17

Applicable. See Competent Authority.

Article 18

No declaration of applicability (i.e., a diplomatic officer, consular agent or commissioner may not apply for appropriate assistance to obtain evidence by compulsion).

Taking of evidence by video-links
(under either chapter)
 

Chapter I

Are there legal obstacles to the use of video links?

No. There is nothing in the Convention to exclude a video-link. This new medium seems to be covered by the Convention as much as any other pre-existing medium.

Technology used:

Secured video-link.

Level of interpretation required:

The relevant authority relies on the parties or their counsel for the interpretation.

Simultaneous or in sequence interpretation:

Sequence interpretation.

Interpretation required in which jurisdiction?

Only required in the requested State.

Who pays for the interpretation?

The court.

How would a request for evidence be handled if witness not willing?

It has never happened before.

Chapter II

Are there legal obstacles to the use of video links?

No. There is nothing in the Convention to exclude a video-link. This new medium seems to be covered by the Convention as much as any other pre-existing medium.

Technology used:

No information available.

Level of interpretation required:

No information available.

Simultaneous or in sequence interpretation:

No information available.

Interpretation required in which jurisdiction?

No information available.

Who pays for the interpretation?

No information available.

Bilateral or multilateral agreements

-

Useful links:

The Judicial Authority

(This page was last updated on 17 December 2012)

Israel - zuständige Behörde (Art. 16, 17)

The Director of the Court (Central Authority) is also the Authority designated pursuant to Articles 16 and 17 to give the permissions specified in those Articles.

Contact details:

The Director of Courts
Directorate of Courts
Legal Assistance to Foreign Countries
22 Kanfei Nesharim
POB 34142
Jerusalem 95464
Israel
Tel.: +972 (2) 655 6847
Fax: +972 (2) 655 6965
Internet: www.justice.gov.il

Contact person:

Ayelet Handelman
[email protected]
(languages of communication: English, Hebrew)

(This page was last updated on 20 August 2010)

Italien

Italien - Zentrale Behörde (Art. 2) und praktische Information

Central Authority(ies):

Ministry of Foreign Affairs

Contact details:

Address: Ministry of Foreign Affairs
D.G.I.E.P.M. Office IV
Piazzale della Farnesina, 1
00194 ROMA
Italy
Telephone: +39 06 36912930/32
Fax: +39 06 36918609
E-mail: [email protected]
General website: www.esteri.it
Contact person:  
Languages spoken by staff: Italian, English, French

Practical Information
(The following information was provided by the relevant State authorities or was obtained from the replies to the 2008 Evidence Convention Questionnaire)

Blocking statutes: Yes, there are two European instruments of this nature:

Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom (see, Article 5(1)).

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (See, Art. 25(1)).

Chapter I
(Letters of Requests)

Transmission of Letters of Requests:  
Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7):  
Presence of judicial personnel at the execution of the Letter of Request (Art. 8): Declaration of applicability. See Competent Authority.
Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11): No declaration of applicability.
Translation requirements (Arts 4(2) and 33):  Accepts Letters of Requests written in or translated into French, English and Italian.
Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26):  
Time for execution:  
Art 23 pre-trial discovery of documents: Letter of Request will not be executed (full exclusion). 
Information about domestic rules on the taking of evidence:  European Judicial Network in Civil or Commercial Matters - Italy.

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed?  
Is it a public or private hearing?  
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)?  
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request?  
Are documents produced by the witness authenticated by the court?  
Is an oath generally administered to the witness?  
Can the witness be made subject to further examination and recall?  
Are there sanctions for non-appearance of witness?  
Must interpreters who assist with the witness examination be court-certified?  
How is the testimony transcribed?  

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15 Applicable.
Article 16 Applicable. See Competent Authority.
Article 17 Applicable. See Competent Authority.
Article 18 Applicable. See Competent Authority.

Taking of evidence by video-links
(under either chapter)
 

Chapter I

Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  
How would a request for evidence be handled if witness not willing?  

Chapter II

Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  
Bilateral or multilateral agreements

Council Regulation (EC) No. 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters.  

Useful links:  

(This page was last updated on 1 September 2010)

Italien - zuständige Behörde (Art. 8, 16, 17, 18)

(...) the Italian Government designates the Court of Appeal within whose jurisdiction proceedings are to take place as the authority competent to:

– authorize foreign judicial personnel to be present at the execution of a Letter of Request, pursuant to Article 8;
– authorize foreign diplomatic officers, consular agents or commissioners to take evidence under Article 16 or 17;
– grant the judicial assistance provided for in Article 18.

Kroatien

Kroatien - Zentrale Behörde (Art. 2)

Central Authority(ies):

Ministry of Justice

Contact details:
Address: MINISTRY OF JUSTICE, ULICA GRADA VUKOVARA 49, 10 000 ZAGREB
Telephone: +385 (0) 1 3714 347
Fax: +385 (0) 1 3714 392
E-mail: [email protected]
General website: http://www.mprh.hr/
Contact person: Larisa Kralj
Languages spoken by staff: Croatian, English

Practical Information
(The following information was provided by the relevant State authorities or was obtained from the replies to the 2013 Evidence Convention Questionnaire)

Blocking statutes:  

Chapter I
(Letters of Requests)

Transmission of Letters of Requests: Letters of Request are first sent to the Central Authority of the requesting State.
Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7): Judicial authority competent to execute the request.
Presence of judicial personnel at the execution of the Letter of Request (Art. 8):  
Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11):  
Translation requirements (Arts 4(2) and 33):   
Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26):  
Time for execution:  
Art 23 pre-trial discovery of documents:  
Information about domestic rules on the taking of evidence:  Civil Procedure Act

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? Letters of request should include specific questions.
Is it a public or private hearing? In general it is a public hearing. According to Art 3 of the Civil Procedure Act the court may exclude the public during the whole trial or during one part of the trial if this is required in the interests of morality, public order or state security, or to guard military, official or business secrets, or for the protection of the private life of the parties, but only to the extent which in the opinion of the court would be unconditionally necessary in special circumstances in which the public could be harmful to the interests of justice. The court may also exclude the public if the measures for maintenance of order provided for by this Act are not sufficient to ensure an undisturbed course of the trial.
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)?  
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? No
Are documents produced by the witness authenticated by the court? No
Is an oath generally administered to the witness? No
Can the witness be made subject to further examination and recall? No
Are there sanctions for non-appearance of witness? No
Must interpreters who assist with the witness examination be court-certified? Yes
How is the testimony transcribed? Testimony is transcribed in minutes containing statements of witnesses or parties.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15  
Article 16  
Article 17  
Article 18  

Taking of evidence by video-links
(under either chapter)
 

Chapter I

Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  
How would a request for evidence be handled if witness not willing?  

Chapter II

Are there legal obstacles to the use of video links?  
Technology used:  
Level of interpretation required:  
Simultaneous or in sequence interpretation:  
Interpretation required in which jurisdiction?  
Who pays for the interpretation?  
Bilateral or multilateral agreements

 

Useful links:  

(This page was last updated on 10 March 2014)

Lettland

Lettland - Zentrale Behörde (Art. 2) und praktische Information

Central Authority(ies):

Ministry of Justice 

 

Contact details:

Address:

Ministry of Justice
Brivibas Boulevard 36
LV - 1536 RIGA
Latvia

Telephone:

+371 67036824; +371 67036866; +371 67036812

Fax:

+371 6721 0823

E-mail:

[email protected]

General website:

http://www.tm.gov.lv/en/

Contact person:

Mrs Vineta Lecinska-Krutko

Languages spoken by staff:

English, Russian, Latvian

 

Practical Information
(The following information was provided by the relevant State authorities or was obtained from the replies to the 2008 and/or 2013 Evidence Convention Questionnaires)

Blocking statutes:

Yes, there are two European instruments of this nature:

Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom (see, Article 5(1)).

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (See, Art. 25(1)).

Chapter I
(Letters of Requests)

Transmission of Letters of Requests:

Letters of Request are first sent to the Central Authority of the requesting State before being sent to the Central Authority of the requested State.

Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7):

Judicial authority competent to execute the request.

Presence of judicial personnel at the execution of the Letter of Request (Art. 8):

Declaration of applicability. See Competent Authority.

Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11):

No declaration of applicability.

Translation requirements (Arts 4(2) and 33): 

Accepts Letters of Requests written in or translated into French, English, Russian and Latvian.

Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26):

In compliance with Article 14(2) of the Evidence Convention the court shall notify the Ministry of Justice regarding the costs of execution of request of a foreign country for taking of evidence, if any have incurred.
The Ministry of Justice may request the competent authority of the foreign country to cover the costs of execution of request of a foreign country for taking of evidence which have incurred in accordance with Article 14(2) of Evidence Convention.

Time for execution:

1-3 months

Art 23 pre-trial discovery of documents:

Letter of Request may be executed (no declaration).

Information about domestic rules on the taking of evidence: 

European E-justice Portal - Latvia

European Judicial Network in civil and commercial matters - Latvia

 

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed?

Prefarable to include specific questions

Is it a public or private hearing?

Public hearing.

Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)?

Yes.

Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request?

No.

Are documents produced by the witness authenticated by the court?

No information available.

Is an oath generally administered to the witness?

No. However, before being examined, a witness shall sign a declaration to acknowledge that he/she undertakes to testify to the court about everything he/she knows and that criminal liability could be imposed for intentionally giving false testimony.

Can the witness be made subject to further examination and recall?

Yes but a second Request is necessary.

Are there sanctions for non-appearance of witness?

According to Paragraph 2 of Art 109 of the Civil Procedure Law, if a witness, without justified reason fails to attend a hearing after being summoned by a court or a judge, the court may impose a fine, or have the witness brought to court by force.

Must interpreters who assist with the witness examination be court-certified?

No.

How is the testimony transcribed?

In accordance with the Civil Procedure Law, Article 61, minutes of the court sitting shall be kept at every sitting of the Court. The Course of the court sitting also is recorded by using technical means.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15

Applicable.

Article 16

Applicable. See Competent Authority.

Article 17

Applicable. See Competent Authority.

Article 18

No declaration of applicability (i.e., a diplomatic officer, consular agent or commissioner may not apply for appropriate assistance to obtain evidence by compulsion).

Taking of evidence by video-links
(under either chapter)
 

Chapter I

Are there legal obstacles to the use of video links?

No. Generally Latvia interprets the Convention as medium neutral; however, other States Parties' interpretation of provisions of Articles 7 and 8 may have effect on the possibilities of using video link in the taking of evidence abroad. 

Technology used:

No information available.

Level of interpretation required:

No information available.

Simultaneous or in sequence interpretation:

No information available.

Interpretation required in which jurisdiction?

No information available.

Who pays for the interpretation?

No information available.

How would a request for evidence be handled if witness not willing?

No information available.

Chapter II

Are there legal obstacles to the use of video links?

No. Generally Latvia interprets the Convention as medium neutral; however, other States Parties' interpretation of provisions of Article 19 may have effect on the possibilities of using video link in the taking of evidence abroad.

Technology used:

No information available.

Level of interpretation required:

No information available.

Simultaneous or in sequence interpretation:

No information available.

Interpretation required in which jurisdiction?

No information available.

Who pays for the interpretation?

No information available.

Bilateral or multilateral agreements

Bilateral conventions on judicial co-operation: Belarus, Kyrgyzstan, Republic of Moldova, Russian Federation, Ukraine and Uzbekistan.

Council Regulation (EC) No. 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters.

Useful links:

 

(This page was last updated on 10 March 2014)

Lettland - zuständige Behörde (Art. 16, 17)

Ministry of Justice
Brivibas Boulevard 36
LV - 1536 RIGA
Latvia
Telephone: +371 6716 2669, +371 6716 2671
Fax: +371 6721 0823, +371 6728 5575
E-mail: [email protected]
Website: http://www.tm.gov.lv/en/
Language(s) of communication: English, Russian, Latvian
Contact person: Ms. Liene Jenca

(This page was last updated on 30 September 2008)

Litauen

Litauen - Zentrale Behörde (Art. 2) und praktische Information

Central Authority(ies):

Ministry of Justice

Contact details:

Address:

The Ministry of Justice
Gedimino ave. 30
LT-01104 Vilnius

Telephone:

+370 (5) 266 2940

Fax:

+370 (5) 262 5940

E-mail:

[email protected]

General website:

http://www.tm.lt/

Contact persons:

Ms Andrada Bavejan
Head of International Co-operation
Division of International Law Department

Languages spoken by staff:

English, French, Russian, Lithuanian

Practical Information
(The following information was provided by the relevant State authorities or was obtained from the replies to the 2008 Evidence Convention Questionnaire)

Blocking statutes:

Yes, there are two European instruments of this nature:

Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom (see, Article 5(1)).

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (See, Art. 25(1)).

Additionally, articles 801(2) and 802(1) of the Code of Civil Procedure of Lithuania prevent foreign applicants from obtaining certain types of evidence in the territory of Lithuania (for more information, see response of Lithuania to the 2008 Evidence Questionnaire).

Chapter I
(Letters of Requests)

Transmission of Letters of Requests:

Letters of Request are sent directly from a judicial authority in the requesting State to the Central Authority of the requested State.

Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7):

Judicial authority competent to execute the request.

Presence of judicial personnel at the execution of the Letter of Request (Art. 8):

Declaration of applicability. See Competent Authority.

Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11):

No declaration of applicability.

Translation requirements (Arts 4(2) and 33):

Accepts Letters of Requests written in or translated into Lithuanian, French, English and Russian.

Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26):

Lithuania has not sought reimbursement of costs under Art. 14(2).
There are no constitutional limitations with regard to the reimbursement of fees and costs, in connection with the execution of Letters of Request, for the service of process necessary to compel the appearance of a person to give evidence, the costs of attendance of such persons, and the costs of any transcript of the evidence (Art. 26).

Time for execution:

No information available.

Art 23 pre-trial discovery of documents:

Letter of Request will not be executed (full exclusion).

Information about domestic rules on the taking of evidence:

European Judicial Network in Civil or Commercial Matters - Lithuania.

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed?

Our laws do not stipulate any such requirement; however, specific questions should be included for the purpose of effective and sufficient execution of the request.

Is it a public or private hearing?

Public hearing.

Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)?

No, the Request will simply be rejected.

Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request?

No.

Are documents produced by the witness authenticated by the court?

Yes.

Is an oath generally administered to the witness?

Yes.

Can the witness be made subject to further examination and recall?

Yes, but a second Request is necessary.

Are there sanctions for non-appearance of witness?

Under article 248 of Code of Civil Procedure if a summoned witness fails to appear before the court without a relevant reason, he may be fined in the amount of one thousand litas. The witness may also be brought before the court pursuant to a court ruling.

Must interpreters who assist with the witness examination be court-certified?

Yes.

How is the testimony transcribed?

Under articles 168 and 169 of Code of Civil Procedure, a summary of the testimony is recorded in the minutes of the court session.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15

Applicable.

Article 16

Applicable. See conditions.

Article 17

Applicable. See conditions.

Article 18

No declaration of applicability (i.e., a diplomatic officer, consular agent or commissioner may not apply for appropriate assistance to obtain evidence by compulsion).

Taking of evidence by video-links
(under either chapter)

Chapter I

Are there legal obstacles to the use of video links?

No. Lithuania bases the use of video-link on specific provisions such as Articles 7 or 8 of the Evidence Convention. In addition, articles 9 and 177 of the Code of Civil Procedure provide the legal basis for the taking of evidence by video-link in Lithuania.

There are no legal obstacles but rather practical ones, i.e. just a few courts are equipped with videoconferencing facilities which may be used in cross-border proceedings.

Technology used:

No information available.

Level of interpretation required:

No information available.

Simultaneous or in sequence interpretation:

No information available.

Interpretation required in which jurisdiction?

No information available.

Who pays for the interpretation?

No information available.

How would a request for evidence be handled if witness not willing?

According to article 9(5) of the Code of Civil Procedure a court may use any technical devices or appliances to record court proceedings and evidence.

According to article 191(1) of the Code of Civil Procedure the witness has a duty to give evidence in court (subject to the exceptions stated in art. 191(2)). A witness failing to perform the duty may be subject to a fine of up to 1000 litas.

If a witness refuses to give evidence using video-link, his/her testimony may be recorded in writing.

Chapter II

Are there legal obstacles to the use of video links?

No. Lithuania bases the use of video-link on specific provisions such as Article 19 of the Evidence Convention.

There are no legal obstacles but rather practical ones, i.e. just a few courts are equipped with videoconferencing facilities which may be used in cross-border proceedings.

Technology used:

No information available.

Level of interpretation required:

No information available.

Simultaneous or in sequence interpretation:

No information available.

Interpretation required in which jurisdiction?

No information available.

Who pays for the interpretation?

No information available.

Bilateral or multilateral agreements

Bilateral conventions on judicial co-operation: Armenia, Azerbaijan, Belarus, China, Estonia, Kazakhstan, Poland, Republic of Moldova, the Russian Federation, Turkey, Ukraine, Uzbekistan.

Council Regulation (EC) No. 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters

Useful links:

 

(This page was last updated on 13 July 2012)

Litauen - zuständige Behörde (Art. 8, 15, 16, 17)

The Ministry of Justice  
Gedimino ave. 30/1, LT-01104 Vilnius 
Telephone: + 370 5 266 2933 
Fax: + 370 5 262 5940 
E-mail: [email protected] 
Website: www.tm.lt  
Language(s) of communication: English, Russian, Lithuanian 
Contact persons:

(This page was last updated on 27 August 2008)

Luxemburg

Luxemburg - Zentrale Behörde (Art. 2) und praktische Information

Central Authority(ies):

Parquet Général  

Contact details:

Address:

Parquet Général près la Cour Supérieure de Justice
Cité judiciaire
Bâtiment CR
L- 2080 Luxembourg

Telephone:

+352 475981 336

Fax:

+352 47 05 50 

E-mail:

[email protected]

General website:

 

Contact person:

Jeanne GUILLAUME, Avocat Général

Languages spoken by staff:

French, German

Practical Information
(The following information was provided by the relevant State authorities or was obtained from the replies to the 2008 Evidence Convention Questionnaire)

Blocking statutes:

Yes, there are two European instruments of this nature:

Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom (see, Article 5(1)).

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (See, Art. 25(1)).

Chapter I
(Letters of Requests)

Transmission of Letters of Requests:

Letters of Request are sent directly from a judicial authority in the requesting State to the Central Authority of the requested State.

Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7):

Judicial authority competent to execute the request.

Presence of judicial personnel at the execution of the Letter of Request (Art. 8):

Declaration of applicability. No Competent Authority has been designated. However, in practice such requests are considered by the Parquet général.

Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11):

No declaration of applicability.

Translation requirements (Arts 4(2) and 33): 

Accepts Letters of Requests written in or translated into French, English and German. 

Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26):

Luxembourg has not sought reimbursement of costs under Art. 14(2).

Time for execution:

No information available.

Art 23 pre-trial discovery of documents:

Letter of Request will not be executed (full exclusion).

Information about domestic rules on the taking of evidence: 

European Judicial Network in Civil or Commercial Matters - Luxembourg.

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed?

No information available.

Is it a public or private hearing?

Elles peuvent être soit publiques, soit à huis clos. Cela dépend de la matière.

Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)?

Yes.

Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request?

No.

Are documents produced by the witness authenticated by the court?

No.

Is an oath generally administered to the witness?

Yes.

Can the witness be made subject to further examination and recall?

Yes, but a second request is necessary.

Are there sanctions for non-appearance of witness?

Il s'expose à une peine d'amende de 50 à 2.500 euros.

Must interpreters who assist with the witness examination be court-certified?

Yes.

How is the testimony transcribed?

Un procès-verbal est dressé par le greffier et signé par le magistrat et le témoin.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15

Applicable.

Article 16

Applicable. See conditions and competent authority.

Article 17

Applicable. See conditions and competent authority.

Article 18

No declaration of applicability (i.e., a diplomatic officer, consular agent or commissioner may not apply for appropriate assistance to obtain evidence by compulsion).

Taking of evidence by video-links
(under either chapter)
 

Chapter I

Are there legal obstacles to the use of video links?

No.

Technology used:

No information available.

Level of interpretation required:

No information available.

Simultaneous or in sequence interpretation:

No information available.

Interpretation required in which jurisdiction?

No information available.

Who pays for the interpretation?

No information available.

How would a request for evidence be handled if witness not willing?

No information available.

Chapter II

Are there legal obstacles to the use of video links?

No information available.

Technology used:

No information available.

Level of interpretation required:

No information available.

Simultaneous or in sequence interpretation:

No information available.

Interpretation required in which jurisdiction?

No information available.

Who pays for the interpretation?

No information available.

Bilateral or multilateral agreements

Bilateral conventions on judicial co-operation: Austria, Denmark, France, Switzerland.

Council Regulation (EC) No. 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters.

Useful links:

 

(This page was last updated on 23 August 2011)

Luxemburg - zuständige Behörde (Art. 16, 17)

Parquet General 
Cité judiciaire
Bâtiment CR
L- 2080 Luxembourg 
Tél.: +352 475981 336 
Télécopie : +352 47 05 50 
E-mail: p[email protected]
Language(s) of communication : French, German
Contact person: Jeanne GUILLAUME, Avocat Général

(This page was last updated on 23 August 2010)

Malta

Malta - Zentrale Behörde (Art. 2)
Attorney General
The Palace
VALLETTA
Malta

Marokko

Marokko - Zentrale Behörde (Art. 2)

"... according to Article 2, the duties of Central National Authority will be assumed by the Moroccan Ministry of Justice."

Mexiko

Mexiko - Zentrale Behörde (Art. 2) und praktische Information

Central Authority(ies):

Directorate-General of Legal Affairs, Ministry of Foreign Affairs 

Contact details:

Address:

Directorate-General of Legal Affairs, Ministry of Foreign Affairs
Plaza Juárez No. 20
Planta Baja Edificio Tlatelolco
Colonia Centro
Delegación Cuauhtémoc
C.P. 06010, Mexico, Distrito Federal

Telephone:

+52 (55) 36865241

Fax:

+52 (55) 36865236

E-mail:

[email protected]

General website:

www.sre.gob.mx/

Contact person:

Lic. Bertha Sánchez Miranda
Lic. Illiana Olivares Quiñones

Languages spoken by staff:

Spanish

Practical Information
(The following information was provided by the relevant State authorities or was obtained from the replies to the 2008 Evidence Convention Questionnaire)

Blocking statutes:

Yes. See, Ley Federal de Transparencia y Acceso a la Información Pública Gubernamental (Federal Law of Transparency and Access to Governmental Public Information).

Chapter I
(Letters of Requests)

Transmission of Letters of Requests:

Letters of Request are sent directly from a judicial authority in the requesting State to the Central Authority of the requested State.

Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7):

Central Authority.

Presence of judicial personnel at the execution of the Letter of Request (Art. 8):

No declaration of applicability.

Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11):

No declaration of applicability.

Translation requirements (Arts 4(2) and 33): 

Accepts Letters of Requests written in or translated into Spanish.

Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26):

Mexico does not seek reimbursement of costs under Art. 14(2)

There are no constitutional limitations with regard to the reimbursement of fees and costs, in connection with the execution of Letters of Request, for the service of process necessary to compel the appearance of a person to give evidence, the costs of attendance of such persons, and the costs of any transcript of the evidence (Art. 26).

Time for execution:

Between 2 and 6 months, approximately.

Art 23 pre-trial discovery of documents:

Letter of Request may be executed subject to certain conditions (qualified exclusion).

Information about domestic rules on the taking of evidence: 

See, Articles 543-556 Código Federal de Procedimientos Civiles. Libro Cuarto de la Cooperación Internacional. Título Único (Federal Code of Civil Procedure).

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed?

Specific questions are required.

Is it a public or private hearing?

Private hearing.

Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)?

Yes.

Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request?

No.

Are documents produced by the witness authenticated by the court?

Yes.

Is an oath generally administered to the witness?

Yes.

Can the witness be made subject to further examination and recall?

Yes, but a second Request is necessary.

Are there sanctions for non-appearance of witness?

The imposition of a fine or arrest.

Must interpreters who assist with the witness examination be court-certified?

Yes.

How is the testimony transcribed?

The secretary officer [law clerk] will take the testimony using the questions sent by the requesting authority. He or she will then transcribe the testimony, and produce a printed version, which shall be signed by all the witnesses.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15

Applicable.

Article 16

Applicable.

Article 17

Not applicable.

Article 18

Not applicable.

Taking of evidence by video-links
(under either chapter)
 

Chapter I

Are there legal obstacles to the use of video links?

No.

Technology used:

No information available.

Level of interpretation required:

No information available.

Simultaneous or in sequence interpretation:

No information available.

Interpretation required in which jurisdiction?

No information available.

Who pays for the interpretation?

No information available.

How would a request for evidence be handled if witness not willing?

The competent judge may issue an order to appear. If the requested person does not appear, he or she might be arrested or fined.

Chapter II

Are there legal obstacles to the use of video links?

No.

Technology used:

No information available.

Level of interpretation required:

No information available.

Simultaneous or in sequence interpretation:

No information available.

Interpretation required in which jurisdiction?

No information available.

Who pays for the interpretation?

No information available.

Bilateral or multilateral agreements

To consult bilateral and multilateral treaties to which Mexico is a party, see: http://www.sre.gob.mx/tratados/     

Multilateral conventions on judicial co-operation:

- Inter-American Convention on Letters Rogatory

- Inter-American Convention on the Taking of Evidence Abroad

- Additional Protocol to the Inter-American Convention on the Taking of Evidence Abroad

- Inter-American Convention on Proof of and Information on Foreign Law

Useful links:

webapps.sre.gob.mx/rogatorias/ (track service for letters rogatory) (en espagnol uniquement)
www.sre.gob.mx/tramites/exhortos/default.htm (International letters rogatory) (Ministry of Foreign Affairs).

(This page was last updated on 1 September 2010)

Monaco

Monaco - Zentrale Behörde (Art. 2) und praktische Information

Central Authority(ies):

Directorate of Judicial Services

 

Contact details:

Address:

Direction des Services Judiciaires
Palais de Justice
5, rue Colonel Bellando de Castro
98000 MONACO

Telephone:

+377 98 98 88 11

Fax:

+377 98 98 85 89

E-mail: [email protected]
[email protected]
General website:

 

Contact person:

Ms Antonella SAMPO or Ms Marina CEYSSAC

Languages spoken by staff:

French

 

Practical Information
(The following information was provided by the relevant State authorities or was obtained from the replies to the 2008 and/or 2013 Evidence Convention Questionnaires)

Blocking statutes:

No blocking statute in force.

Chapter I
(Letters of Requests)

Transmission of Letters of Requests:

Letters of Request are first sent to the Central Authority of the requesting State before being sent to the Central Authority of the requested State.

Ainsi, (sauf pour ce qui concerne l'aide mutuelle judiciaire entre la France et Monaco) les commissions rogatoires sont adressées par les juridictions ou magistrats compétents à la Direction des Services Judiciaires aux fins d'acheminement à l'Autorité centrale étrangère compétente.

Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7):

Judicial authority competent to execute the request.

Presence of judicial personnel at the execution of the Letter of Request (Art. 8):

No declaration of applicability.

Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11):

No declaration of applicability.

Translation requirements (Arts 4(2) and 33): 

Accepts Letters of Requests written in or translated into French.

Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26):

Monaco does not seek reimbursement of costs under Art. 14(2).

Time for execution:

Between 2 and 6 months approximately.

Art 23 pre-trial discovery of documents:

Letter of Request will not be executed (full exclusion).

Information about domestic rules on the taking of evidence: 

No information available.

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed?

Il semble qu'il soit nécessaire que des questions exactes soient posées.

Is it a public or private hearing?

Private hearing.

Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)?

No.

Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request?

No.

Are documents produced by the witness authenticated by the court?

No.

Is an oath generally administered to the witness?

Yes.

Can the witness be made subject to further examination and recall?

Yes, but a second request is necessary.

Are there sanctions for non-appearance of witness?

Amende civile de 15 à 1500 euros  (article 331 du code de procédure civile).

Must interpreters who assist with the witness examination be court-certified?

Yes.

How is the testimony transcribed?

Le témoignage est transcrit par un greffier sous l'autorité d'un juge.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15

Applicable.

Article 16

Applicable. See conditions and competent authority.

Article 17

Applicable. See conditions and competent authority.

Article 18

No declaration of applicability (i.e., a diplomatic officer, consular agent or commissioner may not apply for appropriate assistance to obtain evidence by compulsion).

Taking of evidence by video-links
(under either chapter)
 

Chapter I

Are there legal obstacles to the use of video links?

Yes.
Ce mode de preuve n'est pas prévu par la législation monégasque.

Technology used:

No information available.

Level of interpretation required:

No information available.

Simultaneous or in sequence interpretation:

No information available.

Interpretation required in which jurisdiction?

No information available.

Who pays for the interpretation?

No information available.

How would a request for evidence be handled if witness not willing?

No information available.

Chapter II

Are there legal obstacles to the use of video links?

Yes.
Les juridictions de la Principauté n'ont pas eu, à ce jour, à statuer sur ce point.

Technology used:

No information available.

Level of interpretation required:

No information available.

Simultaneous or in sequence interpretation:

No information available.

Interpretation required in which jurisdiction?

No information available.

Who pays for the interpretation?

No information available.

Bilateral or multilateral agreements

Convention bilatérale franco-monégasque du 21 septembre 1949 relative à l'aide mutuelle judiciaire.

Useful links:

 

(This page was last updated on 7 March 2014)

Monaco - Zuständige Behörde (Art. 16, 17)

Direction des Services judiciaires 
Palais de Justice
5, rue Colonel Bellando de Castro
98000 MONACO 
Téléphone : :+377 98 98 88 11 
Télécopie : +377 98 98 85 89 
Courriel : [email protected]; [email protected] 
Langue de communication : Français
Personnes à contacter : Mme Antonella SAMPO ou Mme Marie-Pascale BOISSON

(This page was last updated on 18 August 2010)

Montenegro

Montenegro - Zentrale Behörde (Art. 2)
In accordance with Article 2 of the Convention, Montenegro designates the Ministry of Justice as Central Authority, which will undertake to receive Letters of Request coming from judicial authority of another Contracting State.

Montenegro - Zuständige Behörde (Art. 8)
In accordance with Article 8 of the Convention, Montenegro declares that members of the judicial personnel of judicial authority of the requesting authority of another Contracting State may be present at the execution of a Letter of Request in Montenegro when prior authorization by [the] Ministry of Justice of Montenegro is granted.

Niederlande

Niederlande - Zentrale Behörde (Art. 2) und praktische Information

Central Authority(ies):

1. the District Court in The Hague
2. For Aruba: The Attorney-General at Aruba of the Joint Court of Justice of Aruba, Curaçao, Sint Maarten and of Bonaire, Sint Eustatius and Saba.

Contact details:

Address:

the District Court in The Hague (Rechtbank Den Haag)
Sector Civiel & Algemene Zaken
Postbus 20302
2500 EH THE HAGUE
Netherlands

Telephone:

+31 (70) 381 3472

Fax:

+31 (70) 381 2834

E-mail:

[email protected]

General website:

 

Contact person:

Mrs J.M. Schluter-Harteveld

Languages spoken by staff:

Dutch, English

Practical Information
(The following information was provided by the relevant State authorities or was obtained from the replies to the 2008 Evidence Convention Questionnaire)

Blocking statutes:

Yes, there are two European instruments of this nature:

Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom (see, Article 5(1)).

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (See, Art. 25(1)).

Chapter I
(Letters of Requests)

Transmission of Letters of Requests:

Letters of Request are sent directly from a judicial authority in the requesting State to the Central Authority of the requested State.

Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7):

Judicial authority competent to execute the request.

Presence of judicial personnel at the execution of the Letter of Request (Art. 8):

Declaration of applicability. See the Competent Authority.

Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11):

Declaration of applicability.

Translation requirements (Arts 4(2) and 33): 

Letters of Request will be accepted in Dutch, German, English or French, or if they are accompanied by a translation into one of these languages.

The Netherlands does not undertake to translate documents for the execution of a Letter of Request.

Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26):

Fees paid to experts and interpreters and costs occasioned by the use of a special procedure requested by the State of origin under Article 9, paragraph 2, of the Convention shall be borne by the State of origin.

The Netherlands will request that any State of origin which has made a request pursuant to paragraph 1 of Article 26 should reimburse the fees and costs to which this paragraph refers.

Time for execution:

No information available.

Art 23 pre-trial discovery of documents:

Letter of Request may be executed subject to certain conditions (qualified exclusion).

Information about domestic rules on the taking of evidence: 

European Judicial Network in Civil or Commercial Matters - the Netherlands.

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed?

Under Dutch law, there is no requirement to provide a list of specific questions. However, it is considered beneficial for such a list to be presented along with the Letter of Request.

Is it a public or private hearing?

Private hearing.

Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)?

No.

Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request?

No.

Are documents produced by the witness authenticated by the court?

No.

Is an oath generally administered to the witness?

Yes.

Can the witness be made subject to further examination and recall?

Yes, but a second request is necessary.

Are there sanctions for non-appearance of witness?

The court may order a witness to be brought before the court. Also, the witness may be kept in custody for up to 1 year if he/she refuses to testify.

Must interpreters who assist with the witness examination be court-certified?

Yes.

How is the testimony transcribed?

The court makes a record of the court session and the testimony.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15

Applicable. No prior permission is required.

Article 16

Applicable. No prior permission is required.

Article 17

Applicable. See Competent Authority.

Article 18

No declaration of applicability (i.e., a diplomatic officer, consular agent or commissioner may not apply for appropriate assistance to obtain evidence by compulsion).

Taking of evidence by video-links
(under either chapter)
 

Chapter I

Are there legal obstacles to the use of video links?

No.

Technology used:

No information available.

Level of interpretation required:

No information available.

Simultaneous or in sequence interpretation:

No information available.

Interpretation required in which jurisdiction?

No information available.

Who pays for the interpretation?

No information available.

How would a request for evidence be handled if witness not willing?

No information available.

Chapter II

Are there legal obstacles to the use of video links?

No.

Technology used:

No information available.

Level of interpretation required:

No information available.

Simultaneous or in sequence interpretation:

No information available.

Interpretation required in which jurisdiction?

No information available.

Who pays for the interpretation?

No information available.

Bilateral or multilateral agreements

Council Regulation (EC) No. 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters.

Useful links:

 

(This page was last updated on 1 June 2012)

Niederlande - zuständige Behörde (Art. 8)
Any court that handles the request.

Niederlande - zuständige Behörde (Art. 17)
President of the District Court in the area in which evidence is to be taken.

Norwegen

Norwegen - zuständige Behörde (Art. 15, 16, 17)

The Royal Ministry of Justice and Public Security
Department of Civil Affairs
Postal address: P.O. Box 8005 Dep
0030 OSLO
Office address: Gullhaug Torg 4 a
0484 OSLO
Norway
Telephone: + 47 22 24 54 51
Fax: + 47 22 24 27 22
E-mail: [email protected]
Website: http://www.regjeringen.no/nb/dep/jd
Language(s) of communication: Norwegian, Swedish, Danish and English

(This page was last updated on 30 November 2012)

Norwegen - Zentrale Behörde (Art. 2) und praktische Information

Central Authority(ies):

The Royal Ministry of Justice and Public Security

Contact details:

Address:

The Royal Ministry of Justice and Public Security
Department of Civil Affairs
Postal address: P.O. Box 8005 Dep, 0030 Oslo, Norway
Office Address: Gullhaug Torg 4 a, 0484 Oslo, Norway

Telephone:

+47 22 24 54 51

Fax:

+47 22 24 27 22

E-mail:

[email protected]

General website:

http://www.regjeringen.no/nb/dep/jd

Contact person:

 

Languages spoken by staff:

Norwegian, Swedish, Danish and English.

 

Practical Information
(The following information was provided by the relevant State authorities or was obtained from the replies to the 2008 Evidence Convention Questionnaire)

Blocking statutes:

Norwegian legislation does not have any blocking statute for the purpose of preventing foreign applicants from obtaining certain types of evidence.

The Norwegian Civil Procedure Code contains a general provision (Section 22-3) that prohibits obtaining information which is protected by an obligation to maintain secrecy as provided by law.

Chapter I
(Letters of Requests)

Transmission of Letters of Requests:

Letters of Request are sent directly from a judicial authority in the requesting State to the Central Authority of the requested State.

Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7):

Judicial authority competent to execute the request.

Presence of judicial personnel at the execution of the Letter of Request (Art. 8):

No declaration of applicability.

Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11):

No declaration of applicability.

Translation requirements (Arts 4(2) and 33): 

Accepts Letters of Requests written in or translated into Norwegian, English, Danish and Swedish.

By accepting Letters of Request in another language than the Norwegian, the Kingdom of Norway does not undertake to execute the request, or transmit the evidence thus obtained in this other language; nor to have translated the document which establish to execution of the letter of request. See declarations.

Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26):

Norway has not sought reimbursement of costs under Art. 26.

Time for execution:

Between 1 and 3 months approximately.

Art 23 pre-trial discovery of documents:

Letter of Request may be executed subject to certain conditions (qualified execution).

Information about domestic rules on the taking of evidence: 

Norwegian Civil Procedure Code (§ 28-1 Securing of evidence § 28-2 Conditions for securing evidence).

Court Administration Act Sections 46, 47, 48, 48a and 49.

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed?

A list of matters to be addressed is sufficient.

Is it a public or private hearing?

Public hearing.

Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)?

Yes.

Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request?

No.

Are documents produced by the witness authenticated by the court?

No information available.

Is an oath generally administered to the witness?

Yes.

Can the witness be made subject to further examination and recall?

Yes.

Are there sanctions for non-appearance of witness?

The court may order that a witness, who fails to appear in court without a valid reason, be brought before the court. The court may also impose a fine.

Must interpreters who assist with the witness examination be court-certified?

Yes.

How is the testimony transcribed?

Statements made by the parties, witnesses or experts outside of the main hearing, for example to secure evidence, shall be entered into the court record and then read aloud for confirmation.

Any other statements by the parties, witnesses and experts shall be entered into the court record if the court deems appropriate.

The court may otherwise decide to use audio or video recording.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15

Applicable. See competent authority.

Article 16

Applicable. See competent authority.

Article 17

Applicable. See competent authority.

Article 18

No declaration of applicability (i.e., a diplomatic officer, consular agent or commissioner may not apply for appropriate assistance to obtain evidence by compulsion).

Taking of evidence by video-links
(under either chapter)
 

Chapter I

Are there legal obstacles to the use of video links?

No. We do not consider that there are legal obstacles to the taking of evidence by video-link under Chapter I of the Evidence Convention. In this regard, we emphasise that the request must not be contrary to Norwegian law.

In our opinion, the Convention does not oblige member states to execute such requests. Thus any such request will be executed on a voluntary basis.

Technology used:

We have equipment that allows us to send evidence taken by encrypted video-link.

Level of interpretation required:

No information available.

Simultaneous or in sequence interpretation:

No information available.

Interpretation required in which jurisdiction?

No information available.

Who pays for the interpretation?

No information available.

How would a request for evidence be handled if witness not willing?

No information available.

Chapter II

Are there legal obstacles to the use of video links?

No.

Technology used:

No information available.

Level of interpretation required:

No information available.

Simultaneous or in sequence interpretation:

No information available.

Interpretation required in which jurisdiction?

No information available.

Who pays for the interpretation?

No information available.

Bilateral or multilateral agreements

A multilateral convention on judicial co-operation was concluded between: Denmark, Finland, Iceland, Norway and Sweden on 26 April 1974.

Bilateral conventions on judicial co-operation: Austria, Germany and United Kingdom.

Useful links:

Guide on Letters Rogatory - Ministry of Justice (in Norwegian only)

(This page was last updated on 2 November 2012)

Norwegen - zuständige Behörde (Art. 8)
The courts
Internet: www.domstol.no
Language(s) of communication: Norwegian, Swedish, Danish and English

Polen

Polen - Zentrale Behörde (Art. 2) und praktische Information

Central Authority(ies):

Ministry of Justice 

 

Contact details:

Address:

Ministry of Justice (Ministerstwo Sprawiedliwosci)
Departament Wspólpracy Miedzynarodowej i Praw Czlowieka
Al. Ujazdowskie 11
00-950 Warsaw
Poland

Telephone:

+48 22 23 90 870

Fax:

+48 22 23 90 870

E-mail:

[email protected] / [email protected] / [email protected]

General website:

www.ms.gov.pl

Contact persons: Rafal Kobrynski, Barbara Kasperska, Kamila Jonczyk-Piskorska
Languages spoken by staff:

Polish, English, French

 

Practical Information
(The following information was provided by the relevant State authorities or was obtained from the replies to the 2008 Evidence Convention Questionnaire)

Blocking statutes:

Yes, there are two European instruments of this nature:

Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom (see, Article 5(1)).

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (See, Art. 25(1)).

Chapter I
(Letters of Requests)

Transmission of Letters of Requests:

Letters of Request are sent directly from a judicial authority in the requesting State to the Central Authority of the requested State.

Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7):

Judicial authority competent to execute the request.

Presence of judicial personnel at the execution of the Letter of Request (Art. 8):

Declaration of applicability. See Competent Authority.

Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11):

No declaration of applicability.

Translation requirements (Arts 4(2) and 33): 

Accepts Letters of Requests written in or translated into Polish.

Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26):

Poland seeks reimbursement of costs under Art. 14(2).

Time for execution:

Between 2 and 6 months approximately.

Art 23 pre-trial discovery of documents:

Letter of Request will not be executed (full exclusion).

Information about domestic rules on the taking of evidence: 

European Judicial Network in Civil or Commercial Matters - Poland.

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed?

Only a list of matters to be addressed is required.

Is it a public or private hearing?

Public hearing.

Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)?

No.

Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request?

No.

Are documents produced by the witness authenticated by the court?

No.

Is an oath generally administered to the witness?

No.

Can the witness be made subject to further examination and recall?

Yes but a second request is necessary.

Are there sanctions for non-appearance of witness?

According to article 274 of the Polish Code of Civil Procedure, failure to appear in court may attract a fine.

Must interpreters who assist with the witness examination be court-certified?

Yes.

How is the testimony transcribed?

Under Polish law, the testimony is transcribed in the minutes of the court session. In some instances, it may also be recorded by audio device.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15

Applicable.

Article 16

Not applicable. See declarations.

Article 17

Not applicable. See declarations.

Article 18

Not applicable. See declarations.

Taking of evidence by video-links
(under either chapter)
 

Chapter I

Are there legal obstacles to the use of video links?

No.

Technology used:

No information available.

Level of interpretation required:

No information available.

Simultaneous or in sequence interpretation:

No information available.

Interpretation required in which jurisdiction?

No information available.

Who pays for the interpretation?

No information available.

How would a request for evidence be handled if witness not willing?

No information available.

Chapter II

Are there legal obstacles to the use of video links?

No.

Technology used:

No information available.

Level of interpretation required:

No information available.

Simultaneous or in sequence interpretation:

No information available.

Interpretation required in which jurisdiction?

No information available.

Who pays for the interpretation?

No information available.

Bilateral or multilateral agreements

Bilateral conventions on judicial co-operation: Australia, Belarus, Bulgaria, China, Cyprus, Czech Republic, Estonia, Finland, France, Latvia, Lithuania, Germany, Romania, Russian Federation, Slovakia, Slovenia and  Ukraine.

Council Regulation (EC) No. 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters.

Useful links:

 

(This page was last updated on 10 March 2014)

Polen - weitere Behörden (Art. 24, 27a)

Articles 24 and 27 a – other authorities (in addition to the Central Authority) designated to receive request shall be the voivodship courts.

Polen - zuständige Behörde (Art. 8, 15)

Ministry of Justice (Ministerstwo Sprawiedliwosci)
Departament Wspólpracy Miedzynarodowej i Prawa Europejskiego
Al. Ujazdowskie 11
00-950 Warsaw
Poland 
Telephone: +48 22 23 90 870 
Fax: +48 22 23 90 870 
E-mail: [email protected] 
Website: www.ms.gov.pl 
Language(s) of communication: Polish, English, French 
Contact person: Ms Katarzyna Biernacka

Portugal

Portugal - Zentrale Behörde (Art. 2) und praktische Information

Central Authority(ies):

Directorate-General of Justice Administration
Ministry of Justice

 

Contact details:

Address:

Directorate-General of Justice Administration
Ministry of Justice
(Direcção-Geral da Administração da Justiça,
Ministério da Justiça)
Av. D. João II, nº 1.08.01 D/E
Pisos 0, 9º ao 14º
1990-097 Lisboa
Portugal

Telephone: +351 21 790 6200/18
Fax: +351 211 545 116
E-mail: [email protected]
[email protected]
General website: www.dgaj.mj.pt/
www.cji-dgaj.mj.pt
Contact person: Mrs Renata Chambel MARGARIDO
[email protected]
Mrs Cláudia KONG
[email protected]
Languages spoken by staff: Portuguese, English, French, Spanish

 

Practical Information
(The following information was provided by the relevant State authorities or was obtained from the replies to the 2008 Evidence Convention Questionnaire)

Blocking statutes:

Yes, there are two European instruments of this nature:

Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom (see, Article 5(1)).

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (See, Art. 25(1)).

Chapter I
(Letters of Requests)

Transmission of Letters of Requests:

Letters of Request are first sent to the Central Authority of the requesting State before being sent to the Central Authority of the requested State.

Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7):

Judicial authority competent to execute the request.

Presence of judicial personnel at the execution of the Letter of Request (Art. 8):

No declaration of applicability.

Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11):

No declaration of applicability.

Translation requirements (Arts 4(2) and 33): 

Accepts Letters of Requests written in or translated into Portuguese.

Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26):

There are no constitutional limitations with regard to the reimbursement of fees and costs, in connection with the execution of Letters of Request, for the service of process necessary to compel the appearance of a person to give evidence, the costs of attendance of such persons, and the costs of any transcript of the evidence (Art. 26).

Time for execution:

No information available.

Art 23 pre-trial discovery of documents:

Letter of Request will not be executed (full exclusion).

Information about domestic rules on the taking of evidence: 

European Judicial Network in Civil or Commercial Matters - Portugal.

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed?

According to Article 178 of the Portuguese Civil Procedure Code, a Letter of Request shall be sent only with the information that is strictly necessary.

In principle, a list of specific questions is not required.

Is it a public or private hearing?

Public hearing.

Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)?

No.

Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request?

No.

Are documents produced by the witness authenticated by the court?

No.

Is an oath generally administered to the witness?

Yes (articles 559 - 635 of the Civil Procedure Code).

Can the witness be made subject to further examination and recall?

Yes.

Are there sanctions for non-appearance of witness?

Unless the witness presents a valid justification for non-appearance (such as a change of residence or illness), a fine will be imposed and the witness may be compelled by the police to give evidence.

Must interpreters who assist with the witness examination be court-certified?

Yes.

How is the testimony transcribed?

The testimony will be recorded upon request of the parties or the court, or when required by law. The testimony will be transcribed only in specific situations (appeal) and this can be requested either by the parties or by the court (see article 685-B of the Civil Procedure Code).

In any case, he Portuguese procedural law (article 522-A) requires all testimony given before the final hearing or by a letter to be recorded or transcribed.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15

Applicable. See competent authority.

Article 16

Not applicable.

Article 17

Not applicable.

Article 18

Not applicable.

Taking of evidence by video-links
(under either chapter)
 

Chapter I

Are there legal obstacles to the use of video links?

No. The Portuguese Civil Procedure Code allows the taking of evidence by video-link. See Law Decree 183/2000, 10.08.

Technology used:

No information available.

Level of interpretation required:

No information available.

Simultaneous or in sequence interpretation:

No information available.

Interpretation required in which jurisdiction?

No information available.

Who pays for the interpretation?

No information available.

How would a request for evidence be handled if witness not willing?

Under Portuguese civil procedure law, there is no provision that accepts the refusal of the witness because he or she is unwilling to give evidence using video-link.

Chapter II

Are there legal obstacles to the use of video links?

No information available.

Technology used:

No information available.

Level of interpretation required:

No information available.

Simultaneous or in sequence interpretation:

No information available.

Interpretation required in which jurisdiction?

No information available.

Who pays for the interpretation?

No information available.

Bilateral or multilateral agreements

Bilateral conventions on judicial co-operation: Angola, Cape Verde, Guinea Bissau, Mozambique, Sao Tome and Principe.

Council Regulation (EC) No. 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters

Useful links:

 

(This page was last updated on 13 March 2014)

Portugal - zuständige Behörde (Art. 16)

Direcção-Geral da Administração da Justiça
Ministério da Justiça
Av. D. João II, nº 1.08.01 D/E 
Pisos 0, 9º ao 14º
1990-097 LISBOA
Portugal
Tel.: +351 21 790 6200/18
Fax: +351 211 545 116 
Email: [email protected]
Website: http://www.dgaj.mj.pt/ 
Language(s) of communication: Portuguese, English, French
Contact person: Mrs Renara Chambel MARGARIDO

(This page was last updated on 2 November 2011)

Republik Korea

Republik Korea - zuständige Behörde (Art. 8)
For the purpose of Article 8, the competent authority shall be the National Court Administration.

Republik Korea - Zentrale Behörde (Art. 2)

National Court Administration
Attn: Director of International Affairs
219, Seocho-dong, Seocho-gu
SEOUL 137-750
Republic of Korea
Telephone: + 82 (2) 3480 1734
Fax: + 82 (2) 533 2824
E-mail: [email protected]
General website: http://www.scourt.go.kr/scourt_en/index.html
Languages spoken by staff: Korean (by phone), English (by fax)

Rumänien

Rumänien - Zentrale Behörde (Art. 2) und praktische Information

Central Authority(ies):

Ministry of Justice 

Contact details:

Address:

Ministry of Justice
Department of International Law and Treaties
Unit of judicial co-operation in civil and commercial matters
Strada Apollodor 17
Sector 5 Bucharest (Bucuresti)
Cod 050741
Romania

Telephone:

+40372041077, +403742041078 (director's office)
+40372041083, +40372041217, +40372041218

Fax:

+4037204 1079

E-mail:

[email protected]

General website:

http://www.just.ro/

Contact person:

Viviana ONACA Ph.d., Director

Languages spoken by staff:

Romanian, English, French

Practical Information
(The following information was provided by the relevant State authorities or was obtained from the replies to the 2008 Evidence Convention Questionnaire)

Blocking statutes:

Yes, there are two European instruments of this nature:

Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom (see, Article 5(1)).

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (See, Art. 25(1)).

Chapter I
(Letters of Requests)

Transmission of Letters of Requests:

Letters of Request are first sent to the Central Authority of the requesting State before being sent to the Central Authority of the requested State

Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7):

Central Authority

Presence of judicial personnel at the execution of the Letter of Request (Art. 8):

Declaration of applicability. See Competent Authority.

Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11):

No declaration of applicability.

Translation requirements (Arts 4(2) and 33): 

Accepts Letters of Requests written in or translated into Romanian, English and French.

Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26):

Romania seeks reimbursement of costs under Art. 14(2).

Time for execution:

No information available.

Art 23 pre-trial discovery of documents:

Letter of Request may be executed subject to certain conditions (qualified exclusion).

Information about domestic rules on the taking of evidence: 

Law No. 189/2003 regarding international judicial assistance in civil and commercial cases.

European Judicial Network in Civil or Commercial Matters - Romania

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed?

Under Romanian law, Letters of Request must include the questions to be asked to the persons to be examined or a statement of the subject matter on which they are to be examined.

Is it a public or private hearing?

Public hearing.

Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)?

No.

Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request?

No.

Are documents produced by the witness authenticated by the court?

No.

Is an oath generally administered to the witness?

Yes.

Can the witness be made subject to further examination and recall?

Yes but a second request is necessary.

Are there sanctions for non-appearance of witness?

Yes, a fine.

Must interpreters who assist with the witness examination be court-certified?

Yes.

How is the testimony transcribed?

According to Art. 198 (1) of the Civil Procedure Code, the testimony must be written down by the court clerk and signed (on each page) by the judge, the clerk and the witness.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15

Applicable.

Article 16

Not applicable.

Article 17

Not applicable.

Article 18

Not applicable.

Taking of evidence by video-links
(under either chapter)
 

Chapter I

Are there legal obstacles to the use of video links?

No.

Technology used:

No information available.

Level of interpretation required:

No information available.

Simultaneous or in sequence interpretation:

No information available.

Interpretation required in which jurisdiction?

No information available.

Who pays for the interpretation?

No information available.

How would a request for evidence be handled if witness not willing?

The declaration of the witness can be recorded in shorthand, since he or she cannot be forced to testify using video-link.

Chapter II

Are there legal obstacles to the use of video links?

Yes.

Technology used:

No information available.

Level of interpretation required:

No information available.

Simultaneous or in sequence interpretation:

No information available.

Interpretation required in which jurisdiction?

No information available.

Who pays for the interpretation?

No information available.

Bilateral or multilateral agreements

Bilateral conventions on judicial co-operation:  Albania, Algeria, Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cuba, Czech Republic, Democratic People's Republic of Korea, Egypt, Former Yugoslav Republic of Macedonia, France, Greece, Hungary, Italy, Mongolia, Morocco, Poland, Republic of Moldova, Russian Federation, Serbia, Spain, Syrian Arab Republic, Tunisia, Turkey, Ukraine, United Kingdom.

Council Regulation (EC) No. 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters

Useful links:

 

(This page was last updated on 1 September 2010)

Rumänien - zuständige Behörde (Art. 8)

Ministry of Justice
Department of International Law and Treaties
Unit of judicial co-operation in civil and commercial matters
Strada Apollodor 17
Sector 5 BUCURESTI
Cod 050741
Romania
Tel: +40372041077, +403742041078 (director’s office)
Tel: +40372041083, +40372041217, +40372041218
Fax: +4037204 1079
Internet: http://www.just.ro/
E-mail: [email protected]
Contact person: Viviana ONACA Ph.d., Director
Languages of communication: Romanian, English, French

(This page was last updated on 22 January 2010)

Schweden

Schweden - Zentrale Behörde (Art. 2) und praktische Information

Central Authority(ies):

Division for Criminal Cases and International Judicial Co-operation,
Ministry of Justice
 

 

Contact details:

Address:

Division for Criminal Cases and International Judicial Co-operation
Ministry of Justice
S-103 33 Stockholm
Sweden

Telephone:

+46 8 405 45 00

Fax:

+46 8 405 46 76

E-mail:

[email protected]
[email protected]

General website:

http://www.sweden.gov.se/sb/d/2876/a/16348

Contact person:

Ms Cecilia Riddselius

Languages spoken by staff:

English

 

Practical Information
(The following information was provided by the relevant State authorities or was obtained from the replies to the 2008 and/or 2013 Evidence Convention Questionnaires)

Blocking statutes:

Yes, there are two European instruments of this nature:

Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom (see, Article 5(1)).

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (See, Art. 25(1)).

Sweden has not adopted any additional blocking statutes in its national legislation. 

Chapter I
(Letters of Requests)

Transmission of Letters of Requests:

Letters of Request are sent directly from a judicial authority in the requesting State to the Central Authority of the requested State.

Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7):

Judicial authority competent to execute the request, via the central authority.

Presence of judicial personnel at the execution of the Letter of Request (Art. 8):

Yes, no prior authorisation required (declaration of applicability).

Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11):

No declaration of applicability.

Translation requirements (Arts 4(2) and 33): 

Accepts Letters of Request written in, or translated into Swedish, English or French.  Also accepts Letters of Request written in Norwegian and Danish.

Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26):

No information available.

Time for execution:

No information available.

Art 23 pre-trial discovery of documents:

Letter of Request may be executed subject to certain conditions (qualified exclusion).

Information about domestic rules on the taking of evidence: 

The European E-justice portal

Code of Judicial Procedure (1942:740)

Act on the taking of evidence for a foreign court of law (1946:816) (in Swedish)

Proclamation with certain provisions on the use of the Act on the taking of evidence for a foreign court of law (1947:848) (in Swedish)

Act on the taking of evidence at a foreign court of law (1946:817) (in Swedish)

Proclamation with certain provisions on the use of the Act on the taking of evidence at a foreign court of law (1947:847) (in Swedish)

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed?

No requirements under Swedish law.

Is it a public or private hearing?

The hearing is - in general - public. In certain cases, for reasons of secrecy, the hearings can be held behind closed doors.

Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)?

A request under the Evidence Convention shall be complied with unless it is incompatible with Swedish law and the requested procedure is not impossible to apply on account of the procedure for the taking of evidence in a Swedish court or for practical reasons. Under these conditions, a judge may strike out certain questions.

Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request?

No requirements under Swedish law. In practice both alternatives are applied.

Are documents produced by the witness authenticated by the court?

No.

Is an oath generally administered to the witness?

Yes.

Can the witness be made subject to further examination and recall?

Yes. Second Request necessary.

Are there sanctions for non-appearance of witness?

A witness who does not appear before the court may receive fined or be compelled to appear.

If a witness without valid excuse, refuses to take an oath, to testify, to answer a question, or to obey certain court orders, the court shall order the witness to perform his/her duty under penalty of fine, and, if the witness continues to refuse, under penalty of detention.

Must interpreters who assist with the witness examination be court-certified?

Yes, interpreters must be authorised by the Legal, Financial and Administrative Service Agency (Kammarkollegiet). However, if an authorised interpreter is not available, the court may appoint a person who is deemed to be well suited for the task. Every person appointed to assist as an interpreter shall take an oath to execute the assignment to the best of his or her ability.

How is the testimony transcribed?

No information available.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15

Applicable, prior permission required (see competent authority).

Article 16

Applicable, prior permission required (see competent authority).

Article 17

Applicable, prior permission required (see competent authority).

Article 18

No declaration of applicability (i.e., a diplomatic officer, consular agent or commissioner may not apply for appropriate assistance to obtain evidence by compulsion).

Taking of evidence by video-links
(under either chapter)
 

Chapter I

Are there legal obstacles to the use of video links?

No. From a Swedish point of view the taking of evidence must be interpreted to encompass the usage of modern technique, such as video-link.

Technology used:

No information available.

Level of interpretation required:

No information available.

Simultaneous or in sequence interpretation:

No information available.

Interpretation required in which jurisdiction?

No information available.

Who pays for the interpretation?

No information available.

How would a request for evidence be handled if witness not willing?

No information available.

Chapter II

Are there legal obstacles to the use of video links?

No. From a Swedish point of view the taking of evidence must be interpreted to encompass the usage of modern technique, such as video-link.

Technology used:

No information available.

Level of interpretation required:

No information available.

Simultaneous or in sequence interpretation:

No information available.

Interpretation required in which jurisdiction?

No information available.

Who pays for the interpretation?

No information available.

Bilateral or multilateral agreements

Bilateral conventions on judicial co-operation: United Kingdom

Multilateral conventions on judicial co-operation:
Council Regulation (EC) No. 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters.
1974 Agreement between Sweden, Denmark, Finland, Iceland and Norway concerning mutual legal assistance.

Useful links:

Judicial cooperation in civil and commercial matters - Government Offices of Sweden.

(This page was last updated on 7 March 2014)

Schweiz

Schweiz - Zentrale Behörde (Art. 2) und praktische Information

Central Authority(ies):

Cantonal Central Authorities (list up to date as per 19 March 2014)
A list of the Central Cantonal Authorities including their address and phone/fax numbers can be consulted online at the following address: http://www.rhf.admin.ch/rhf/fr/home/zivil/behoerden/zentral.html.
To determine the Central Authority competent by reason of its location, the database of the Swiss localities and Courts can be consulted online at the following address: http://www.elorge.admin.ch/.

Practical Information
(The following information was provided by the relevant State authorities or was obtained from the replies to the 2008 Evidence Convention Questionnaire)

Blocking statutes:

No blocking statutes as such.  However, some laws impose limitations on participation in judicial assistance proceedings for the taking of evidence, including:

  • protection of Swiss sovereignty: the Swiss Penal Code (RS 311.0) contains the following provisions relating to the protection of territorial sovereignty of Switzerland and abroad: art.271 (unlawful activities for a foreign state), art.273 (industrial espionage), and art.299 (violation of territorial sovereignty abroad).
  • bank secrecy: art.47 of the banking law (RS 952.0) contains an obligation of bank secrecy. Such secrecy is not absolute and does not apply in certain circumstances, namely in cases of fraud of other criminal act. Chapter4 reserves the application of cantonal laws relating to the obligation to inform authorities and testify in court. A request can therefore be responded to differently depending on its place of execution.
  • trade secrets: Some cantons have included particular provisions in their civil procedure codes which restrict participation in acts of assistance. For example, art.231(2) of the Civil Procedure Code in Ticino (CPC, RL3.3.2.1) states: "The judge may excuse the witness from revealing trade secrets where the interests of the witness retaining trade secrets outweighs the interests of the party in revealing them" (translation).
  • confidentiality: art.321 of the Swiss Penal Code, subject to obligations under federal and cantonal law to inform authorities and testify in court.
  • Protections of sources: art. 28a of the Swiss Penal Code.

Chapter I
(Letters of Requests)

Transmission of Letters of Requests:

In most cantons, Letters of Request are sent directly from a judicial authority in that canton to the Central Authority of the requested State.

In other cantons, Letters of Request are first sent to the cantonal Central Authority before being sent to the Central Authority of the requested State.

Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7):

In most cantons, the judicial authority competent to execute the request, via the central authority.

In other cantons, the Central Authority.

Presence of judicial personnel at the execution of the Letter of Request (Art. 8):

Yes, prior authorisation required (declaration of applicability).

Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11):

No declaration of applicability.

Translation requirements (Arts 4(2) and 33): 

Accepts Letters of Request written in or translated into the language of the requested authority, i.e. in German, French or Italian, depending on the region of Switzerland in which they are to be executed (see reservation).

Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26):

Such scenarios would only arise in exceptional cases (e.g. doctor's fees for saliva tests).

Time for execution:

Up to four months (est.).

Art 23 pre-trial discovery of documents:

Letter of Request may be executed subject to certain conditions (qualified exclusion).

Information about domestic rules on the taking of evidence: 

See OFJ guidelines on international judicial assistance in civil matters.

A new Swiss Code of Civil Procedure enters into force on 1 January 2011.

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed?

Most cantons require questions to be drafted with sufficient certainty and clarity (otherwise, the request is returned for redrafting). If the fact scenario is clear, questions do not need to be drafted in great detail. Experience shows that a list of detailed questions will speed up proceedings.

Is it a public or private hearing?

Practice varies from canton to canton. The new Swiss Civil Procedure Code requires proceedings and the deliberations of judgments to be public, with the exception of family proceedings. The judge may order all or part of the proceedings to be held behind closed doors where it is in the public interest or the legitimate interests of one of the parties to do so. All witnesses are examined in the absence of other witnesses; leave to confront the witness may be sought.

Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)?

Yes (in most cantons).
No (in other cantons).

Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request?

No.

Are documents produced by the witness authenticated by the court?

No (in most cantons).
Yes (in other cantons).

Is an oath generally administered to the witness?

No (in most cantons).
Yes (in other cantons).
The new Swiss Code of Civil Procedure does not provide for the administration of oaths.

Can the witness be made subject to further examination and recall?

Yes.
In most cantons, the first Request may be re-invoked.

In other cantons, a second Request necessary.

Are there sanctions for non-appearance of witness?

In general, potential sanctions include an order to pay incurred costs, fine and ultimately the possible application of art. 292 of the Swiss Penal Code in cases of repeat failure to appear.
Under the new Swiss Code of Civil Procedure, non-parties who refuse to appear without legal grounds or recognized exemption may face sanctions (court-ordered fine, application of art. 292 of the Swiss Penal Code, enforcement by the police, fee charge). Non-parties face the same sanctions for failure to comply.

Must interpreters who assist with the witness examination be court-certified?

Practice varies from canton to canton.

How is the testimony transcribed?

Written minutes of the hearing are prepared, and occasionally audio recordings are made which are later transcribed. 
Under the new Swiss Code of Civil Procedure, the substance of the testimony is recorded in the minutes and signed by the witness. Alternatively, testimony may be recorded on magnetic tap, by video, or by any other appropriate means.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15

Applicable, subject to prior authorisation by the Federal Department of Justice and Police. A request for authorization must be addressed to the Central Authority in the canton where the evidence is to be taken.

Article 16

Applicable, subject to prior authorisation by the Federal Department of Justice and Police. A request for authorization must be addressed to the Central Authority in the canton where the evidence is to be taken.

Article 17

Applicable, subject to prior authorisation by the Federal Department of Justice and Police. A request for authorization must be addressed to the Central Authority in the canton where the evidence is to be taken.

Article 18

No declaration of applicability (i.e., a diplomatic officer, consular agent or commissioner may not apply for appropriate assistance to obtain evidence by compulsion).

Taking of evidence by video-links
(under either chapter)
 

Chapter I

Are there legal obstacles to the use of video links?

No.
Most cantonal Central Authorities consider the legal basis for such measures to be found in the functional development of the Convention.
Some Central Authorities have nevertheless based these measures on arts 7 and 8 of the Convention. This type of measure has not yet been used by any of the cantonal Central Authorities consulted. It also raises economic issues as well as practical issues such as the allocation of costs and the availability of equipment (between the requested authorities, requesting authorities, and parties). Further, there is the issue of identifying the persons giving and taking the evidence, as well as technology issues (system compatibility, IT security).

Technology used:

No information available.

Level of interpretation required:

No information available.

Simultaneous or in sequence interpretation:

No information available.

Interpretation required in which jurisdiction?

No information available.

Who pays for the interpretation?

No information available.

How would a request for evidence be handled if witness not willing?

The issue has not yet arisen. Several theoretical responses have been postulated. The application by analogy of coercive measures available in respect of witnesses who refuse to testify or comply with court orders could be envisaged. For their part, some cantonal Central Authorities would abandon the use of video-link.
On the other hand, one Central Authority has indicated that, in cases where the participation of the parties and foreign judicial personnel was based on arts 7 and 8 respectively of the Convention, the witness was not entitled to refuse the video-link. Potential issues could arise in terms of the legality of video recording.

Chapter II

Are there legal obstacles to the use of video links?

No.

Technology used:

No information available.

Level of interpretation required:

No information available.

Simultaneous or in sequence interpretation:

No information available.

Interpretation required in which jurisdiction?

No information available.

Who pays for the interpretation?

No information available.

Bilateral or multilateral agreements

Bilateral conventions on judicial co-operation:
Austria, Belgium, Czech Republic, Estonia, France, Germany, Greece, Hungary, Italy, Luxemburg, Pakistan, Slovakia, Turkey.

Useful links:

International Mutual Legal Assistance in Civil Matters - Federal Office of Justice

(This page was last updated on 19 March 2014)

Schweiz - zuständige Behörden (Art. 15, 16, 17)

1. Autorité centrales compétentes (www.rhf.admin.ch/rhf/fr/home/zivil/behoerden/zentral.html)

2. Département fédéral de justice et police
Office fédéral de la Justice (OFJ)
Unité Droit international privé
Bundesrain 20
3003 Berne
Téléphone : +41 31 323 8864
Télécopie : +41 31 322 78 64
Courriel : [email protected]
Site web : www.bj.admin.ch/
Langue(s) de communication : français, allemand, italien, anglais
Personne à contacter : Mme Silvia Madarasz-Garolla

(This page was last updated on 22 January 2013)

Schweiz - zuständige Behörde (Art. 8)

The competent authority varies from canton to canton. Information may be acquired from the cantonal Central Authorities.

Serbien

Serbien - Zentrale Behörde (Art. 2)

Ministry of Justice and Public Administration of the Republic of Serbia
Department for International Legal Assistance in Civil Matters
Nemanjina 22/26
11000 Belgrade
Republic of Serbia
Tel/Fax: +381 (11) 3620 649

Contact persons:

(This page was last updated on 23 January 2014)

Serbien - zuständige Behörde (Art. 8)

Ministry of Justice and Public Administration of the Republic of Serbia
Nemanjina 22/26
11000 Belgrade
Republic of Serbia
Tel/Fax: +381 (11) 3620 649

(This page was last updated on 14 April 2014)

Serbien - zuständige Behörde (Art. 18)
Competent Organ for application of Article 18 of the Convention is the First Instance Court in the Republic of Serbia in whose area person has permanent or temporary residence.

Singapur

Singapur - Zentrale Behörde (Art. 2) und praktische Information

Central Authority(ies):

Registrar of the Supreme Court

Contact details:

Address:

Supreme Court of Singapore
1 Supreme Court Lane
Singapore 178879

Telephone:

(+65) 6332-3912

Fax:

(+65) 6337-9450

E-mail:

[email protected]  

General website:

http://www.supremecourt.gov.sg/

Contact person:

Registrar of the Supreme Court

Languages spoken by staff:

English

Practical Information
(The following information was provided by the relevant State authorities or was obtained from the replies to the 2008 Evidence Convention Questionnaire)

Blocking statutes:

Singapore does not have specific foreign statutes but we have general statutory provisions that prevent disclosure of matters relating to State interests.

Chapter I
(Letters of Requests)

Transmission of Letters of Requests:

Letters of Request are first sent to the Central Authority or to another authority of the requesting State before being sent to the Central Authority of the requested State

Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7):

Attorney-General's Chambers.

Presence of judicial personnel at the execution of the Letter of Request (Art. 8):

No declaration of applicability.

Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11):

No declaration of applicability.

Translation requirements (Arts 4(2) and 33): 

Accepts Letters of Requests written in or translated into English.

Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26):

Singapore seeks reimbursement of costs under Art. 14(2) and (3).

There are constitutional limitations with regard to the reimbursement of fees and costs, in connection with the execution of Letters of Request, for the service of process necessary to compel the appearance of a person to give evidence, the costs of attendance of such persons, and the costs of any transcript of the evidence (Art. 26). From our past cases, the approximate amount of fees and costs incurred in applying for an order for the examination of the witness and in obtaining and serving the process to compel the witness' attendance ranged from S$1,200 to S$1,500. The exact amount depends primarily on the quantity of documents to be filed and served. For every page of the Notes of Evidence, parties pay S$2.50.

Time for execution:

Time for execution may vary depending on the request.

Art 23 pre-trial discovery of documents:

Letter of Request may be executed subject to certain conditions (qualified execution).

Information about domestic rules on the taking of evidence: 

Evidence (Civil Proceedings in Other Jurisdictions) Act, Chapter 98, Revised Laws of Singapore and Order 66 of the Rules of Court, Chapter 322, Rule 5, Revised Laws of Singapore.

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed?

In the absence of local counsel representing the party requesting evidence to be taken, specific questions are required.

Is it a public or private hearing?

Public hearing.

Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)?

No.

Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request?

This is a matter for judicial interpretation and has not been determined conclusively or subject to judicial interpretation in Singapore.

Are documents produced by the witness authenticated by the court?

Yes.

Is an oath generally administered to the witness?

Yes.

Can the witness be made subject to further examination and recall?

Yes, first request may be reinvoked.

Are there sanctions for non-appearance of witness?

Contempt of court proceedings.

Must interpreters who assist with the witness examination be court-certified?

Yes.

How is the testimony transcribed?

Through Notes of Evidence certified by the Assistant Registrar.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15

Not applicable.

Article 16

Not applicable.

Article 17

Not applicable.

Article 18

Not applicable.

Taking of evidence by video-links
(under either chapter)
 

Chapter I

Are there legal obstacles to the use of video links?

No. Article 9 of the Convention provides that the judicial authority which executes a Letter of Request shall apply its own law as to the methods and procedures to be followed. In this regard, section 4(1) of the Evidence (Civil Proceedings in Other Jurisdictions) Act, Chapter 98, Revised Laws of Singapore gives the High Court the power by order to make such provision for obtaining evidence in Singapore as may appear to the High Court to be appropriate for the purpose of giving effect to the request. This includes the taking of evidence by video-link.

Technology used:

A secured video-link on a private network is utilised.

Level of interpretation required:

No information available.

Simultaneous or in sequence interpretation:

No information available.

Interpretation required in which jurisdiction?

No information available.

Who pays for the interpretation?

No information available.

How would a request for evidence be handled if witness not willing?

Not applicable.

Chapter II

Are there legal obstacles to the use of video links?

Not applicable.

Technology used:

Not applicable.

Level of interpretation required:

Not applicable.

Simultaneous or in sequence interpretation:

Not applicable.

Interpretation required in which jurisdiction?

Not applicable.

Who pays for the interpretation?

Not applicable.

Bilateral or multilateral agreements

Not applicable.

Useful links:

 

(This page was last updated on 1 September 2010)

Slowakei

Slowakei - Zentrale Behörde (Art. 2) und praktische Information

Central Authority(ies):

Ministry of Justice 

Contact details:

Address:

Ministry of Justice
Zupné námestie 13
813 11 Bratislava
Slovaquie

Telephone:

+421 2 59353349

Fax:

+421 2 59353604

E-mail:

[email protected]

General website:

http://www.justice.gov.sk/

Contact person:

JUDr. Miloš Hat'apka

Languages spoken by staff:

English, French, German

Practical Information
(The following information was provided by the relevant State authorities or was obtained from the replies to the 2008 Evidence Convention Questionnaire)

Blocking statutes:

Yes, there are two European instruments of this nature:

Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom (see, Article 5(1)).

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (See, Art. 25(1)).

Chapter I
(Letters of Requests)

Transmission of Letters of Requests:

Letters of Request are sent directly from a judicial authority in the requesting State to the Central Authority of the requested State.

Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7):

Judicial authority competent to execute the request.

Presence of judicial personnel at the execution of the Letter of Request (Art. 8):

No declaration of applicability.

Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11):

No declaration of applicability.

Translation requirements (Arts 4(2) and 33): 

Accepts Letters of Requests written in or translated into Slovak, French and English.

Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26):

Slovakia has not sought any reimbursement of costs under Arts 14(2).

There are no constitutional limitations with regard to the reimbursement of fees and costs, in connection with the execution of Letters of Request, for the service of process necessary to compel the appearance of a person to give evidence, the costs of attendance of such persons, and the costs of any transcript of the evidence (Art. 26).

Time for execution:

No information available.

Art 23 pre-trial discovery of documents:

Letter of Request may be executed (no declaration).

Information about domestic rules on the taking of evidence: 

European Judicial Network in Civil or Commercial Matters - Slovakia

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed?

Il n'est pas obligatoire d'inclure les questions exactes dans la commission rogatoire. Cependant, nous trouvons plus convenable que les questions exactes soient incluses dans la commission rogatoire.

Is it a public or private hearing?

Public hearing.

Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)?

No.

Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request?

No.

Are documents produced by the witness authenticated by the court?

No.

Is an oath generally administered to the witness?

No.

Can the witness be made subject to further examination and recall?

Yes, but a second Request is necessary.

Are there sanctions for non-appearance of witness?

Le témoin s'expose à une amande pouvant s'élever à 50.000 SK (soit environ 1.666 euros), à l´assistance de la police, à la prise en charge des frais de justice.

Must interpreters who assist with the witness examination be court-certified?

Yes.

How is the testimony transcribed?

On fait un procès-verbal qui est signé par le témoin.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15

Applicable. 

Article 16

Applicable (no permission required subject to reciprocity). Where permission required, see competent authority.

Article 17

Applicable. See competent authority.

Article 18

Applicable subject to reciprocity. See Competent Authority.

Taking of evidence by video-links
(under either chapter)
 

Chapter I

Are there legal obstacles to the use of video links?

No. Actuellement, l'utilisation de la liaison vidéo n'est pas prévue par notre Code de procédure civile, mais la nouvelle version du Code qui entrera en vigueur en octobre 2008 prévoit la possibilité d'ordonner l'audience en utilisant la technique de la visioconférence. C'est-à-dire que les équipements de visioconférence seront disponibles dans les tribunaux. Au contraire, cette technologie est utilisée à l'heure actuelle dans les affaires pénales.

Technology used:

No information available.

Level of interpretation required:

No information available.

Simultaneous or in sequence interpretation:

No information available.

Interpretation required in which jurisdiction?

No information available.

Who pays for the interpretation?

No information available.

How would a request for evidence be handled if witness not willing?

No information available.

Chapter II

Are there legal obstacles to the use of video links?

No.

Technology used:

No information available.

Level of interpretation required:

No information available.

Simultaneous or in sequence interpretation:

No information available.

Interpretation required in which jurisdiction?

No information available.

Who pays for the interpretation?

No information available.

Bilateral or multilateral agreements

Bilateral conventions on judicial co-operation: Afghanistan, Albania, Algeria, Armenia, Azerbaijan, Belarus, Bosnia and Herzegovina, Croatia, Cuba, Czech Republic, Democratic People's Republic of Korea, the Former Yugoslav Republic of Macedonia, Hungary, Kazakhstan, Mongolia, Montenegro, Poland,  Republic of Moldova,  Russian Federation, Serbia, Switzerland, Syrian Arab Republic, Tajikistan, Tunisia, Turkey, Turkmenistan, Ukraine, Uzbekistan, Viet Nam, Yemen.

Council Regulation (EC) No. 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters

Useful links:

 

(This page was last updated on 23 August 2011)

Slowakei - zuständige Behörde (Art. 16, 17, 18)
Ministerstvo spravodlivosti Slovenskej republiky
(Ministry of Justice of the Slovak Republic)
Odbor medzinárodného práva súkromného a procesného
(Private International Law Division)
Zupné námestie 13
813 11 BRATISLAVA
Slovakia
Email: [email protected]

Contact persons:

(This page was last updated on 14 June 2011)

Slowenien

Slowenien - Zentrale Behörde (Art. 2)

Ministry of Justice of the Republic of Slovenia
Zupanciceva 3
1000 LJUBLJANA
tel.: +386 (1) 369 5268
fax: +386 (1) 369 5233
Email: [email protected]
General website: www.mp.gov.si
Contact person: mag. Spela Stebal Rencelj, Head of Department for Mutual Legal Assistance
Languages spoken by staff: English, German, French

(This page was last updated on 14 March 2014)

Spanien

Spanien - Zentrale Behörde (Art. 2) und praktische Information

Central Authority(ies):

Subdirección General de Cooperación Jurídica Internacional 
Ministry of Justice
 

 

Contact details:

Address:

Subdirección General de Cooperación Jurídica Internacional 
Ministry of Justice
Calle San Bernardo Nº 62
28071 Madrid
Spain

Telephone:

+34 (91) 390 23 86 / 44 11

Fax:

+34 (91) 390 2475 / +34 (91) 390 4457 

E-mail:

[email protected]
[email protected]

General website:

http://www.mjusticia.es/

Contact person:

Ms Laura Fernández Domínguez
Ms Silvia Villa Albertini

Languages spoken by staff:

Spanish, English, French 

 

Practical Information
(The following information was provided by the relevant State authorities or was obtained from the replies to the 2008 Evidence Convention Questionnaire)

Blocking statutes:

Yes, there are two European instruments of this nature:

Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom (see, Article 5(1)).

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (See, Art. 25(1)).

Chapter I
(Letters of Requests)

Transmission of Letters of Requests:

Letters of Request are first sent to the Central Authority or to another authority of the requesting State before being sent to the Central Authority of the requested State

Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7):

Judicial authority competent to execute the request.

Presence of judicial personnel at the execution of the Letter of Request (Art. 8):

Declaration of applicability. See Competent Authority.

Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11):

No declaration of applicability.

Translation requirements (Arts 4(2) and 33): 

Accepts Letters of Requests written in or translated into Spanish.

Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26):

Spain has sought reimbursement of costs under Art. 26.

Time for execution:

Between 2 and 6 months approximately.

Art 23 pre-trial discovery of documents:

Letter of Request will not be executed (full exclusion).

Information about domestic rules on the taking of evidence: 

European Judicial Network in Civil or Commercial Matters - Spain

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed?

Specific questions are required.

Is it a public or private hearing?

Public hearing.

Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)?

No.

Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request?

No.

Are documents produced by the witness authenticated by the court?

Yes.

Is an oath generally administered to the witness?

Yes.

Can the witness be made subject to further examination and recall?

Yes but a second request is necessary.

Are there sanctions for non-appearance of witness?

According to Section 292 of the Civil Procedural Law, the non-appearance of a witness is punished with a fine of 180 to 600 €.

Must interpreters who assist with the witness examination be court-certified?

Yes.

How is the testimony transcribed?

A civil servant of the Court transcribes the testimony.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15

Applicable.

Article 16

Applicable. The evidence may be taken, without prior permission of the Spanish Authority, in the premises of the diplomatic or consular representation of the requesting State.

Article 17

Applicable. The evidence may be taken, without prior permission of the Spanish Authority, in the premises of the diplomatic or consular representation of the requesting State.

Article 18

No declaration of applicability (i.e., a diplomatic officer, consular agent or commissioner may not apply for appropriate assistance to obtain evidence by compulsion).

Taking of evidence by video-links
(under either chapter)
 

Chapter I

Are there legal obstacles to the use of video links?

No. Spain bases the use of video-link on the functional development and medium neutral interpretation of the Convention in light of modern technologies and on the basis of domestic legislation.

Technology used:

Webcam connection over the internet.

Level of interpretation required:

The interpretation is done by the parties or their counsel.

Simultaneous or in sequence interpretation:

Sequence interpretation.

Interpretation required in which jurisdiction?

Interpretation only required on the requested State.

Who pays for the interpretation?

The requesting party.

How would a request for evidence be handled if witness not willing?

If the witness is not willing to give evidence using video-link, the Letter of Request is not executed in this way.

Chapter II

Are there legal obstacles to the use of video links?

No information available.

Technology used:

No information available.

Level of interpretation required:

No information available.

Simultaneous or in sequence interpretation:

No information available.

Interpretation required in which jurisdiction?

No information available.

Who pays for the interpretation?

No information available.

Bilateral or multilateral agreements

To consult bilateral and multilateral treaties to which Spain is a party, see Boletín Oficial del Estado and www.prontuario.org/.

Bilateral conventions on judicial co-operation: Brazil, China, Dominican Republic, Morocco, Russian Federation, Thailand, Tunisia, Uruguay.

Multilateral conventions on judicial co-operation: Inter-American Convention on Letters Rogatory (Panama City, 13 January 1975) [OAS]

Council Regulation (EC) No. 1206/2001 of 28 May 2001 on co-operation between the courts of the Member States in the taking of evidence in civil or commercial matters.

Useful links:

Consejo General del Poder Judicial
Prontuario Auxilio Judicial Internacional - Guide to International Judicial Co-operation in Spain (Ministry of Justice)

(This page was last updated on 14 March 2014)

Spanien - zuständige Behörde (Art. 8)

Subdirección General de Cooperación Jurídica Internacional 
Ministry of Justice
Calle San Bernardo Nº 62
28071 Madrid
Spain
Telephone: +34 (91) 390 4433 / +34 (91) 390 2386
Fax: +34 (91) 390 2475 / +34 (91) 390 4457 
E-mail: [email protected] / [email protected] / [email protected] 
Website: http://www.mjusticia.es/ 
Language(s) of communication: Spanish, English, French 
Contact persons: Ms Paula Monge, Ms Silvia Villa, Ms Isabel Vevia

Sri Lanka

Sri Lanka - Zentrale Behörde (Art. 2)

Central Authority:

Secretary
Ministry of Justice, Law Reform and National Integration

Contact details:
Address: Secretary
Ministry of Justice
Hulftsdorp
COLOMBO 12
Sri Lanka
Telephone: +94 1 1244 9959
Fax: +94 1 1244 5447
E-mail: [email protected]
General website: http://www.justiceministry.gov.lk/
Contact person: Mrs Kamalini de Silva, Secretary
Languages spoken by staff:

English, Sinhala/Tamil

(This page was last updated on 26 February 2014)

Südafrika

Südafrika - Zentrale Behörde (Art. 2) und praktische Information

Central Authority(ies):

Director-General
Department of Justice and Constitutional Development

Contact details:

Address:

Director General
Department of Justice and Constitutional Development
Postal Address: Private Bag X81, Pretoria, 0001, South Africa
Street Address: Momentum Centre , 329 Pretorius Street (c/o Pretorius and Prinsloo Streets), Pretoria, South Africa

Telephone:

+27-12 3151111

Fax:

+27-12 3151557

E-mail:

[email protected]  

General website:

http://www.justice.gov.za/

Contact person:

Mr John Makhubele

Languages spoken by staff:

English

Practical Information
(The following information was provided by the relevant State authorities or was obtained from the replies to the 2008 Evidence Convention Questionnaire)

Blocking statutes:

No blocking statute in force.

Chapter I
(Letters of Requests)

Transmission of Letters of Requests:

Letters of Request are first sent to the Central Authority or to another authority of the requesting State before being sent to the Central Authority of the requested State.

Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7):

Central Authority.

Presence of judicial personnel at the execution of the Letter of Request (Art. 8):

Declaration of applicability. See Competent Authority.

Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11):

No declaration of applicability.

Translation requirements (Arts 4(2) and 33): 

Accepts Letters of Requests written in or translated into English.

For the purposes of paragraph 4 of Article 4 of the Convention, a Letter of Request, if not in English, may also be sent to the Central Authority in any of the following languages: Sepedi, Sesotho, Setswana, Siswati, Tshivenda, Xitsonga, Afrikaans, isiNdebele, isiXhosa and isiZulu.

Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26):

South Africa has not sought reimbursement of costs under Art. 14(2) and 26.

Time for execution:

No information available.

Art 23 pre-trial discovery of documents:

Letter of Request will not be executed (full execution).

Information about domestic rules on the taking of evidence: 

Section 33 of the Supreme Court Act 59 of 1959.

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed?

Specific questions are required.

Is it a public or private hearing?

Either public or private, it is in the magistrate's discretion.

Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)?

Yes.

Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request?

No.

Are documents produced by the witness authenticated by the court?

No.

Is an oath generally administered to the witness?

Yes.

Can the witness be made subject to further examination and recall?

Yes but a second request is necessary.

Are there sanctions for non-appearance of witness?

If subpoenaed to appear in court, non-appearance amounts to contempt of court which carries a criminal sanction.

Must interpreters who assist with the witness examination be court-certified?

Yes.

How is the testimony transcribed?

Through stenographic means.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15

Not applicable.

Article 16

Not applicable.

Article 17

Applicable. See Competent Authority.

Article 18

Applicable. See Competent Authority.

Taking of evidence by video-links
(under either chapter)
 

Chapter I

Are there legal obstacles to the use of video links?

No.

Technology used:

No information available.

Level of interpretation required:

No information available.

Simultaneous or in sequence interpretation:

No information available.

Interpretation required in which jurisdiction?

No information available.

Who pays for the interpretation?

No information available.

How would a request for evidence be handled if witness not willing?

No information available.

Chapter II

Are there legal obstacles to the use of video links?

No.

Technology used:

No information available.

Level of interpretation required:

No information available.

Simultaneous or in sequence interpretation:

No information available.

Interpretation required in which jurisdiction?

No information available.

Who pays for the interpretation?

No information available.

Bilateral or multilateral agreements

To consult bilateral and multilateral treaties to which South Africa is a party, see: www.dfa.gov.za/foreign/index.html

Useful links:

 

(This page was last updated on 1 September 2010)

Südafrika - zuständige Behörde (Art. 8)

Director-General
Department of Justice and Constitutional Development

Postal Address:
Private Bag X81
Pretoria, 0001
South Africa

Street Address:
Momentum Centre 
329 Pretorius Street (c/o Pretorius and Prinsloo Streets)
Pretoria
South Africa

Telephone: +27-12 3151111
Fax: +27-12 3151557
E-mail: [email protected]
Internet: http://www.justice.gov.za
Contact person: Mr John Makhubele
Language of communication: English

(This page was last updated on 30 August 2010)

Südafrika - zuständige Behörde (Art. 17, 18)
The Republic of South Africa designates the division of the High Court of South Africa that has jurisdiction as the competent authority referred to in Articles 17 and 18 of the Convention.

Tschechische Republik

Tschechische Republik - Zentrale Behörde (Art. 2, 24) und praktische Information

Central Authority(ies):

Ministry of Justice of the Czech Republic

Contact details:

Address:

Vyšehradská 16
128 10 PRAHA 2
Czech Republic

Telephone: +420 221 997 925 
Fax: +420 221 997 919
E-mail: [email protected]
General website: http://www.justice.cz/
Contact persons: Ms Pavla Bellonová
Ms Zuzana Fišerová
Languages spoken by staff: Czech, English (French)

Practical Information
(The following information was provided by the relevant State authorities or was obtained from the replies to the 2008 Evidence Convention Questionnaire)

Blocking statutes:

Yes, there are two European instruments of this nature:

Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom (see, Article 5(1)).

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (See, Art. 25(1)).

Chapter I
(Letters of Requests)

Transmission of Letters of Requests: Letters of Request are sent directly from a judicial authority in the requesting State to the Central Authority of the requested State.
In a small number of cases, Letters of Request are sent via the Ministry of Justice (Central Authority), especially where some difficulties are expected.
Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7): Judicial authority competent to execute the request.
Presence of judicial personnel at the execution of the Letter of Request (Art. 8): No declaration of applicability.
Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11): No declaration of applicability.
Translation requirements (Arts 4(2) and 33):  No declaration made (i.e., accepts letters of request submitted in Czech, English and French).
Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26): There are no constitutional limitations with regard to the reimbursement of fees and costs, in connection with the execution of Letters of Request, for the service of process necessary to compel the appearance of a person to give evidence, the costs of attendance of such persons, and the costs of any transcript of the evidence (Art. 26).
Time for execution: The execution of the request takes between 2 to 3 months on average.
Art 23 pre-trial discovery of documents: Letter of Request may be executed (no declaration).
Information about domestic rules on the taking of evidence:  See European Judicial Network - Taking of evidence and mode of proof - Czech Republic.

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? There is no law that requires specific questions to be included in the Letter of Request. However, courts are recommended to include a list of specific questions.
Is it a public or private hearing? Public hearing. Unless, it would endanger secret information protected by the law, trade secret, morality or an important interest of a party.
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)? Yes but it would depend on the nature of the Request (e.g. if rephrase or restructure is possible).
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? No, depending on the matter, the court might invite the witness to bring some documents that include the requested information.
Are documents produced by the witness authenticated by the court? No.
Is an oath generally administered to the witness? Yes.
Can the witness be made subject to further examination and recall? Yes, but a second Request is necessary.
Are there sanctions for non-appearance of witness? If the summoned person does not appear in the examination, the chairman of the panel may bring him or her forward by force if the person was previously warned and fails to appear without an excuse (§52 Czech Civil Procedural Code).
It is also possible to fine the person for not appearing in court without any serious excuse (§ 53 Czech Civil). Procedural Code).
Must interpreters who assist with the witness examination be court-certified? Yes.
How is the testimony transcribed? The testimony is transcribed to the minutes. It can be also recorded on request. Such a record would have MP3 data format. 

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15 Applicable.
Article 16 Applicable (no permission required subject to reciprocity). Where permission required, see competent authority.
Article 17 Applicable. See competent authority.
Article 18 Applicable subject to reciprocity. See Competent Authority.

Taking of evidence by video-links
(under either chapter)
 

Chapter I

Are there legal obstacles to the use of video links? No. Taking of evidence by video-link is not especially regulated in Czech law. The taking of evidence is in general terms regulated in the Civil Courts Procedure Law no. 99/1963 Coll.
Technology used: No information available.
Level of interpretation required: No information available. 
Simultaneous or in sequence interpretation: No information available.
Interpretation required in which jurisdiction? No information available.
Who pays for the interpretation? No information available.
How would a request for evidence be handled if witness not willing? No information available.

Chapter II

Are there legal obstacles to the use of video links? No information available.
Technology used: No information available.
Level of interpretation required: No information available.
Simultaneous or in sequence interpretation: No information available.
Interpretation required in which jurisdiction? No information available.
Who pays for the interpretation? No information available.
Bilateral or multilateral agreements

Bilateral conventions on judicial co-operation: Albania,  Afghanistan, Australia, Austria, Algeria, Bahamas, Belarus, Belgium,  Bosnia and Herzegovina, Bulgaria, Canada, Croatia, Cuba, Cyprus, Fiji, France,  Germany, Greece, Hungary, Italy, Kenya, Kyrgyzstan, Lesotho, Republic of Moldova, Mongolia, Nauru, New Zealand, Poland, Portugal, Republic of Korea, Romania, Russian Federation, Serbia, Slovakia, Slovenia, Spain, Swaziland, Sweden, Switzerland, Syria, The former Yugoslav Republic of Macedonia, Tunis, Turkey,   Ukraine, United Kingdom of Great Britain and Northern Ireland, Uzbekistan, Vietnam, Yemen.

Council Regulation (EC) No. 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters

Useful links: -

(This page was last updated on 22 August 2011)

Tschechische Republik - zuständige Behörde (Art. 16, 17, 18)

Diplomatic officers, consular agents or commissioners can request on the basis of reciprocity the competent court for executing of procedural act. Letters shall be sent to the Ministry of Justice:

Ministry of Justice
Vyšehradská 16
Praha 128 10
Czech Republic
Telephone: +420 221 997 925
Fax: +420 221 997 919
E-mail: [email protected]
Website: www.justice.cz
Language(s) of communication: Czech, English (French)
Contact persons: Ms Pavla Bello?ová, Ms Zuzana Fišerová

(This page was last updated on 11 February 2011)

Türkei

Türkei - zuständige Behörde (Art. 16, 17)
Ministry of Justice
General Directorate for International Law and Foreign Relations

Türkei - Zentrale Behörde (Art. 2)

Republic of Turkey Ministry of Justice General Directorate of
International Law and Foreign Relations
Milli Müdafaa Street, 22, Bakanliklar
06659 Ankara
Turkey
Telephone: (0312) 414 78 07
Fax: (0312) 425 02 90
E-mail: [email protected]
Website: www.uhdigm.adalet.gov.tr
Language(s) of communication: English, French
Contact person: Mr Abdullah Cebeci

(This page was last updated on 27 August 2008)

Ukraine

Ukraine - Zentrale Behörde (Art. 2) und praktische Information

Central Authority(ies):

Ministry of Justice of Ukraine 

Contact details:

Address:

Competent authority (Art. 8)
Ministry of Justice of Ukraine
Directorate on International Law and Co-operation
Department on International Law
13, Horodetskogo St.
Kyiv, 01001
Ukraine

Telephone:

+380 44 279 69 77
+380 44 278 11 76
+380 44 279 72 56

Fax:

+380 44 278 11 76

E-mail:

[email protected] or [email protected] 

General website:

http://www.minjust.gov.ua/

Contact persons:
  • Ms Kateryna Shevchenko, Deputy Head of the Directorate; Head of the Department on  International Law (Russian, English, French)
  • Mrs Ryabets Tetyana, Deputy Head of the Division on Private International Law (Russian)
  • Mrs Victoria Bilokon, Chief specialist of the Division on private International Law (Russian, English)
Languages spoken by staff:

Ukrainian, Russian, English, French

 

Practical Information
(The following information was provided by the relevant State authorities or was obtained from the replies to the 2008 Evidence Convention Questionnaire)

Blocking statutes:

No blocking statute in force. 

However, under the Civil Procedural Code of Ukraine, as a general rule, a person may not be questioned as a witness when that person in under a legal obligation of secrecy owing to his/her official or professional duty.

The disclosure by a bank of information containing bank secrecy with regard to a natural or legal person may be decided by a court pursuant to a special proceeding brought by a reasoned application, and only in cases determined by the law.

Chapter I
(Letters of Requests)

Transmission of Letters of Requests:

Letters of Request are first sent to the Central Authority of the requesting State before being sent to the Central Authority of the requested State.

Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7):

Central Authority

Presence of judicial personnel at the execution of the Letter of Request (Art. 8):

Declaration of applicability.

Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11):

Accepts Letters of Requests in or translated into Ukrainian (see reservation).

Translation requirements (Arts 4(2) and 33): 

Accepts Letters of Requests in or translated into Ukrainian (see reservation).

Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26):

Ukraine has not sought any reimbursement of costs under Arts 14(2) and 26 before 2008.

Time for execution:

Between two and four months.

Art 23 pre-trial discovery of documents:

Letter of Request will not be executed (full exclusion).

Information about domestic rules on the taking of evidence: 

The Ministry of Justice of Ukraine together with the State Court Administration of Ukraine has issued an Instruction on the Procedure of the Implementation of International Treaties on the Provision of the Legal Assistance in Civil Matters in Respect of the Service of Documents, the Obtainment of Evidence, and the Recognition and the Execution of Judicial Decisions (27.06.2008 No. 1092/5/54).

A chapter of the Instruction is dedicated to particularities of applying the Hague Evidence Convention in relation to incoming and outgoing requests.

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed?

A list of specific questions would be desirable.

Is it a public or private hearing?

Public hearing. Normally, all the hearings in civil matters are held in open court. In several cases directly stipulated in the Civil Procedural Code of Ukraine a judge may decide otherwise.

Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)?

No.

Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request?

No.

Are documents produced by the witness authenticated by the court?

Yes.

Is an oath generally administered to the witness?

Yes.

Can the witness be made subject to further examination and recall?

Yes. Second Request necessary.

Are there sanctions for non-appearance of witness?

According to Article 94 of the Civil Procedural Code of Ukraine, a witness may be compelled to appear before the court.

Must interpreters who assist with the witness examination be court-certified?

No. Under the Civil Procedural Code of Ukraine (Article 55) a person having good command of the language of a procedure as well of the language necessary for translation or interpretation may act as a translator or an interpreter before the court.

How is the testimony transcribed?

Testimony is to be recorded in writing in the protocol of the proceedings. However, in accordance with Article 197 of the Civil Procedural Code of Ukraine hearings are recorded by audio device.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15

Applicable, no prior permission required.

Article 16

Not applicable (see reservation).

Article 17

Not applicable (see reservation).

Article 18

Not applicable (see reservation).

Taking of evidence by video-links
(under either chapter)
 

Chapter I

Are there legal obstacles to the use of video links?

The Civil Procedural Code of Ukraine does not provide for special procedures to take evidences by video-conference. However, the Code contains general provisions that allow the use of technical devices.

Technology used:

No information available.

Level of interpretation required:

No information available.

Simultaneous or in sequence interpretation:

No information available.

Interpretation required in which jurisdiction?

No information available.

Who pays for the interpretation?

No information available.

How would a request for evidence be handled if witness not willing?

No information available.

Chapter II

Are there legal obstacles to the use of video links?

No information available.

Technology used:

No information available.

Level of interpretation required:

No information available.

Simultaneous or in sequence interpretation:

No information available.

Interpretation required in which jurisdiction?

No information available.

Who pays for the interpretation?

No information available.

Bilateral or multilateral agreements

Bilateral conventions on judicial co-operation:

Bulgaria, China, Cuba (not yet in force), Cyprus, Czech Republic, Democratic People's Republic of Korea, Estonia, Georgia, Greece, Hungary, Islamic Republic of Iran (not yet in force), Latvia, Lithuania, Republic of Moldova, Mongolia, Poland, Romania, the Former Yugoslav Republic of Macedonia, Turkey, Uzbekistan, Viet Nam.

Multilateral conventions on judicial co-operation: Minsk Convention on legal assistance and legal relations in civil, family and criminal matters.

Useful links:

 

(This page was last updated on 14 March 2014)

Ukraine - zuständige Behörde (Art. 8)

Ministry of Justice of Ukraine
Directorate on International Law and Co-operation
Department on International Law   
13, Horodetskogo St.
Kyiv, 01001
Ukraine
Telephone: +380 44 278 11 76, +380 44 279 69 77 or + 380 44  279 72 56
Fax: +380 44 278 11 76
E-mail: [email protected] or [email protected]
Website: www.minjust.gov.ua
Language(s) of communication: Ukrainian, Russian, English, French

Contact persons:

(This page was last updated on 20 February 2013)

Ungarn

Ungarn - Zentrale Behörde (Art. 2) und praktische Information

Central Authority(ies):

Ministry of Public Administration and Justice
Department of Private International Law  

 

Contact details:

Address:

Ministry of Public Administration and Justice
Department of Private International Law
P.O. Box 2
1357 BUDAPEST
Kossuth tér 2-4.
1055 BUDAPEST
Hungary

Telephone:

+36 (1) 795 4846; +36 (1) 795 6094

Fax:

+36 (1) 795 0463

E-mail:

[email protected]

General website:

http://www.kormany.hu/hu/kozigazgatasi-es-igazsagugyi-miniszterium

Contact person:

 

Languages spoken by staff:

Hungarian, English, French, German

 

Practical Information
(The following information was provided by the relevant State authorities or was obtained from the replies to the 2008 Evidence Convention Questionnaire)

Blocking statutes:

Yes, there are two European instruments of this nature:

Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom (see, Article 5(1)).

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (See, Art. 25(1)).

In addition, internal rules on data protection (Act LXIII of 1992 on the Protection of Personal Data and the Disclosure of Information of Public Interest) can affect the execution of letter of requests, even resulting in refusal to execute requests.

Chapter I
(Letters of Requests)

Transmission of Letters of Requests:

Letters of Request are first sent to the Central Authority before being sent to the Central Authority of the requested State.

Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7):

Central Authority.

Presence of judicial personnel at the execution of the Letter of Request (Art. 8):

Yes, prior authorisation required (declaration of applicability).

Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11):

No declaration of applicability.

Translation requirements (Arts 4(2) and 33): 

Accepts Letters of Request written in, or translated into Hungarian.

Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26):

Hungary has not sought any reimbursement of costs under Arts 14(2) and 26 before 2008.

Time for execution:

Between 2 and 4 months (Letters of Request for the taking of oral evidence)

Art 23 pre-trial discovery of documents:

Letter of Request will not be executed (full exclusion).

Information about domestic rules on the taking of evidence: 

European Judicial Network in Civil or Commercial Matters - Hungary.

Act no. CXVI of 2004 on transposing the Hague Convention of 18 March 1970 on taking of evidence abroad in civil and commercial matters

Law-Decree No. 13 of 1979 on International Private Law, sections 67 to 69

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed?

No such requirement exists under legislation, but for practical reasons (in conformity with long-standing practice), the Central Authority does require specific questions to be listed in order to enable the requested court to carry out the examination.

Is it a public or private hearing?

In principal court hearings are public. The court can order a closed hearing to:

- protect state, service, business or other type of secret protected by law;

- protect public morality or personal rights of the party;

- protect the witness.

Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)?

Yes.

Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request?

No.

Are documents produced by the witness authenticated by the court?

No.

Is an oath generally administered to the witness?

No information available.

Can the witness be made subject to further examination and recall?

Yes. Second Request necessary.

Are there sanctions for non-appearance of witness?

Under paragraph 1 of section 185 of the Code of Civil Procedure, witnesses (experts), who - contrary to due summons - do not appear and have not justified in advance by well founded reasons their absence, as well as those who deny testifying without presenting their reasons or in breach of final judicial decision on their duty to testify, can be obliged to pay the costs occasioned by their behaviour and can be fined (even both can be applied at the same time). The court can also order that the police present the witness before the court.  

Must interpreters who assist with the witness examination be court-certified?

Yes.

How is the testimony transcribed?

The testimony is transcribed in minutes. It is also possible to register the testimony in other ways, namely by audio recording, but even in this case the audio recording must be transcribed within 8 days. The minutes contain a summary of the course of the hearing, verbatim if necessary.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15

Applicable, no prior permission required provided that the person affected is exclusively national of the sending state of the diplomatic officer or consular agent.  See declaration.

Article 16

Not applicable (see reservation).

Article 17

Applicable, prior permission required (see competent authority).

Article 18

Not applicable.

The Hungarian authorities do not give assistance to the taking of evidence of the diplomatic offer or consular agent in accordance with Article 15 of the Convention or the commissioner in accordance with Article 17 of the Convention by applying measures of compulsion.

Taking of evidence by video-links
(under either chapter)
 

Chapter I

Are there legal obstacles to the use of video links?

No. Article 9 provides the legal basis for such request by allowing the application of special procedures. Section 62, paragraph 2 of the Law-Decree No. 13 of 1979 on International Private Law also allows using particular methods if they are not contrary to public order.

Technology used:

No information available.

Level of interpretation required:

No information available.

Simultaneous or in sequence interpretation:

No information available.

Interpretation required in which jurisdiction?

No information available.

Who pays for the interpretation?

No information available.

How would a request for evidence be handled if witness not willing?

No information available.

Chapter II

Are there legal obstacles to the use of video links?

No. Article 21 is the legal basis for such requests, but reservations and conditions made to Chapter II must be respected. Nevertheless, Hungary does not see any practical relevance of this issue.

Technology used:

No information available.

Level of interpretation required:

No information available.

Simultaneous or in sequence interpretation:

No information available.

Interpretation required in which jurisdiction?

No information available.

Who pays for the interpretation?

No information available.

Bilateral or multilateral agreements

Bilateral conventions on judicial co-operation: Albania, Algeria, Australia, Belarus, Bosnia and Herzegovina, Canada, China, Croatia, Cuba, Democratic People's Republic of Korea, Egypt, Fiji, Kenya, Lesotho, Mongolia, New Zealand, Russian Federation, Syria, the Former Yugoslav Republic of Macedonia, Tonga, Tunisia, Turkey, Ukraine, and Viet Nam.

Multilateral conventions on judicial co-operation:
Règlement (CE) No 1206/2001 du Conseil du 28 mai 2001 relatif à la coopération entre les juridictions des Etats membres dans le domaine d'obtention des preuves en matière civile ou commerciale.

Useful links:

 

(This page was last updated on 4 March 2014)

Ungarn - zuständige Behörde (Art. 8, 17)

Ministry of Public Administration and Justice
Department of Justice Cooperation and Private International Law
P.O. Box 2
1357 Budapest
Kossuth tér 2-4.
1055 BUDAPEST
Hungary
tel.: +36 (1) 795-4846
fax: +36 (1) 795-0463
e-mail: [email protected]  / [email protected]
General website: www.kim.gov.hu
(Languages spoken by staff: Hungarian, English, German, French)

(This page was last updated on 29 September 2010)

Venezuela

Venezuela - Zentrale Behörde (Art. 2)

Ministry of Popular Power for Foreign Affairs
Bureau of Consular Relations
Avenue Urdaneta
Corner of "Carmelitas" to "Puente Llaguno"
Building adjoining the tower "MRE"
Caracas, 1010
Venezuela
Telephone number: +58 (0)212.806.44.49 ext. 6709
Email: [email protected]
Contact persons: Lic. Zaida Colmenares, Lic. Hilda Martínez

(This page was last updated on 4 March 2014)

Vereinigte Staaten von Amerika

Vereinigte Staaten - Zentrale Behörde (Art. 2) und praktische Information

Central Authority(ies):

U.S. Department of Justice

 

Contact details:

Address:

U.S. Department of Justice
Civil Division
Office of International Judicial Assistance
Benjamin Franklin Station
P.O. Box 14360
Washington, D.C. 20004
United States of America

Telephone:

+1 (202) 514 6700

Fax:

+1 (202) 514 6584

E-mail:

[email protected]

General website:

http://www.justice.gov/civil/common/oija/oija.html

Contact person:

Ms Jeanne Davidson, Director

Languages spoken by staff:

English

 

Practical Information
(The following information was provided by the relevant State authorities or was obtained from the replies to the 2008 Evidence Convention Questionnaire)

Blocking statutes:

No blocking statute in force.

Chapter I
(Letters of Requests)

Transmission of Letters of Requests:

Letters of Request are sent directly from a judicial authority in the requesting State to the Central Authority of the requested State.

Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7):

The U.S. Department of Justice attorney assigned to execute a Letter of Request would generally provide notice to the parties and their representatives, unless it is more practical for the Central Authority to do so.  If notice is to be provided to the requesting authority, it would generally be provided by the Central Authority.

Presence of judicial personnel at the execution of the Letter of Request (Art. 8):

Declaration of applicability. See Competent Authority.

Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11):

No declaration of applicability.

Translation requirements (Arts 4(2) and 33): 

Accepts Letters of Requests written in or translated into English and French. The United States will also accept Letters of Request in Spanish for execution in the Commonwealth of Puerto Rico

The execution of Letters of Request in French may take longer. See declaration.  

Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26):

The United States seeks reimbursement of costs under Articles 14(2) and 26. If execution of a Letter of Request requires additional costs for services beyond what is normally available to the Department of Justice office assigned to the matter, and/or requires the retaining of a private entity to provide those services, any costs and/or fees associated with the service may be requested from the forwarding authority.

To the extent stenographic services are required, the requesting state may be required to reimburse any fees or costs that are assessed by the stenographer.

Time for execution:

No information available.

Art 23 pre-trial discovery of documents:

Letter of Request may be executed (no declaration).

Information about domestic rules on the taking of evidence: 

28 Code of Federal Regulations 0.49 sets the function of the Civil Division of the U.S. Department of Justice as U.S. Central Authority for the Hague Evidence Convention.

Judicial Assistance - Obtaining Evidence Abroad, U.S. Department of State

Under U.S. law, 28 U.S. Code (U.S.C.) § 1782, foreign judicial authorities or parties to proceedings can request the assistance of U.S. courts in taking evidence for use in a proceeding in a foreign or international tribunal without filing a request under the Hague Evidence Convention. Evidence may be obtained from both parties and non-parties to the foreign litigation. Section 1782 does not require that the courts of the country where the foreign action is pending be willing to offer reciprocal assistance.

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed?

The U.S. Central Authority requires that the Letter of Request provide sufficient detail as to the information being sought so as to permit a lawyer for the U.S. Department of Justice who will implement the request to know what questions must be asked or information solicited at a witness examination.  Although providing specific questions helps ensure that the requested information can be obtained and the Letter of Request properly executed, a list of matters to be addressed is permitted as well so long as it is clear as to the specific information that is being sought.

Is it a public or private hearing?

Although depositions are not typically private in the sense that they are not closed as a matter of law to non-parties, they are arranged privately by the Department of Justice lawyer and the witness, or if appropriate, the witness's counsel, and the testimony is taken at a location selected by the Department of Justice as convenient.  As a practical matter, there is seldom an opportunity for unrelated parties or individuals to be aware of such depositions or to otherwise attend.  As appropriate and if justified, a witness can seek an order of a court requiring that the testimony be confidential and not publicly available.

Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)?

Yes.

Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request?

There is no law within the United States that requires or prohibits Department of Justice lawyers from sharing the questions/matters to be addressed at a deposition with the witness in advance of a scheduled deposition.  To the extent the voluntary testimony is going to be provided by notarized affidavit by the witness, the questions must be provided in advance of the testimony in order to prepare the affidavit.  If transcribed testimony is to be provided at a deposition it is within the discretion of the assigned Department of Justice lawyer to provide the witness in advance with a copy of the subject of the deposition or the questions if deemed appropriate.

Are documents produced by the witness authenticated by the court?

No.

Is an oath generally administered to the witness?

If the testimony is provided by deposition, the stenographer will administer an oath.  If the testimony is provided by affidavit, generally the affidavit will be signed by the witness and notarized.  There is, however, no requirement under U.S. laws that either approach be used, and responsive testimony can be provided without an oath or signed affidavit.

Can the witness be made subject to further examination and recall?

Yes. Other than as provided by certain time duration limitations set by the Federal Rules of Civil Procedure, there is generally no prohibition under our laws or procedures for a witness to be made subject to subsequent examination if the testimony has not been completed or all questions identified in the Letter of Request have not been answered by the conclusion of the first examination.  However, if the basis for recall is a request by the requesting state's forwarding authority for additional testimony on new matters, a second request will have to be provided.

Are there sanctions for non-appearance of witness?

Civil contempt.

Must interpreters who assist with the witness examination be court-certified?

No.  There is no uniform national rule requiring certification of court interpreters in all cases, although in practice most courts at both the federal and state level do rely on certified interpreters where available. 

How is the testimony transcribed?

Testimony can be transcribed by stenographic means, by videography or by any other appropriate mechanism agreed upon by the parties.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15

Applicable.

Article 16

Applicable. No prior permission is required.

Article 17

Applicable. No prior permission is required.

Article 18

Applicable. See competent authority.

Taking of evidence by video-links
(under either chapter)
 

Chapter I

Are there legal obstacles to the use of video links?

No.

Technology used:

No information available.

Level of interpretation required:

Interpretation may be provided by the parties or their counsel.

Simultaneous or in sequence interpretation:

No information available.

Interpretation required in which jurisdiction?

No information available.

Who pays for the interpretation?

No information available.

How would a request for evidence be handled if witness not willing?

Although there is no prohibition under U.S. law for a witness to voluntarily submit to an international video conference in which his or her testimony will be obtained by a foreign court or foreign litigators, see 28 U.S.C. section 1782(b), the U.S. Central Authority is aware of no U.S. law that would permit a federal court to compel a witness in the United States to provide such testimony before a foreign tribunal or proceeding.  The U.S. Central Authority is only able to execute a Hague Evidence Convention request that can be compelled by a U.S. court under our laws and the testimony taken by an attorney of the Department of Justice.  For this reason, we cannot execute a request that asks the U.S. Central Authority to compel a witness to attend an international video conference deposition conducted by lawyers or foreign courts outside of the United States.  The parties to the proceedings and the requesting court, however, are free to make their own independent arrangements for a voluntary international video deposition with a witness within the United States.

Chapter II

Are there legal obstacles to the use of video links?

No.

Technology used:

No information available.

Level of interpretation required:

No information available.

Simultaneous or in sequence interpretation:

Simultaneous or in sequence interpretation may be used.

Interpretation required in which jurisdiction?

No information available.

Who pays for the interpretation?

Costs are borne by the litigants. Consular fees for the taking of depositions are set forth at Title 22, Code of Federal Regulations (CFR) 22.1.

Bilateral or multilateral agreements

Bilateral Consular Conventions - U.S. Department of State.

Useful links:

Taking voluntary depositions of willing witnesses - U.S. Department of State, Foreign Affairs Manual, Volume 7 - Consular Affairs 
7 FAM 920

Title 22, Code of Federal Regulations, Part 92.49 - 92.66 addresses procedures to be followed in consular depositions abroad.

Digest of U.S. Practice in International Law - The U.S. Department of State provided guidance about the taking of evidence in the United States to the Chiefs of Mission of foreign embassies in Washington, D.C. on February 3, 1976 and June 4, 2003.

(This page was last updated on 24 April 2014)

Vereinigte Staaten - zuständige Behörde (Art. 8)

U.S. Department of Justice
Civil Division
Office of International Judicial Assistance
Benjamin Franklin Station
P.O. Box 14360
Washington, D.C. 20004
United States of America
Telephone: +1 (202) 514 6700
Fax:  +1 (202) 514 6584 
E-mail: [email protected]
Internet: http://www.justice.gov/civil/common/oija/oija.html
Language of communication: English
Contact person: Ms Jeanne Davidson, Director

(This page was last updated on 24 April 2014)

Vereinigte Staaten - zuständige Behörde (Art. 18)
The United States district court of the district in which a person resides or is found.

Vereinigtes Königreich Großbritannien

Vereinigtes Königreich - Zentrale Behörde (Art. 2) und praktische Information

Central Authority(ies):

Senior Master, Foreign Process Section, Royal Courts of Justice 

Contact details:

Address:

The Senior Master
For the attention of the Foreign Process Section
Room E16
Royal Courts of Justice
Strand
LONDON WC2A 2LL   

Telephone:

+44 207 947 6691 / 7786 / 6488 / 6327 / 1741

Fax:

+44 870 324 0025  

E-mail:

[email protected]

General website:

www.justice.gov.uk

Contact person:

Alvin Aubeeluck
Team Leader - Foreign Process Section
tel.: +44 207 947 6394
[email protected]

Languages spoken by staff:

English

Practical Information
(The following information was provided by the relevant State authorities or was obtained from the replies to the 2008 Evidence Convention Questionnaire)

Blocking statutes:

Yes, there are two European instruments of this nature:

Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom (see, Article 5(1)).

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (See, Art. 25(1)).

Additionally, see:

Evidence (Proceedings in Other Jurisdictions) Act 1975.

Protection of Trading Interests Act 1980.

Chapter I
(Letters of Requests)

Transmission of Letters of Requests:

Letters of Request are sent directly from a judicial authority in the requesting State to the Central Authority of the requested State.

Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7):

Central Authority

Presence of judicial personnel at the execution of the Letter of Request (Art. 8):

Declaration of applicability.

Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11):

No declaration of applicability.

Translation requirements (Arts 4(2) and 33): 

Does not accept Letters of Requests written in French.

Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26):

The United Kingdom rarely seeks reimbursement of costs under Art. 14(2). An example of such a request is in respect of experts fees, to seek a payment on account.

There is currently no policy in the United Kingdom for seeking reimbursement of fees and costs, in connection with the execution of Letters of Request, for the service of process necessary to compel the appearance of a person to give evidence, the costs of attendance of such persons, or the costs of any transcript of the evidence (Art. 26).

Time for execution:

For oral evidence, the time taken to process a request is usually up to 12 months. For documentary evidence, the time taken is usually between six and 12 months.

Art 23 pre-trial discovery of documents:

Letter of Request may be executed subject to certain conditions (qualified exclusion).

Information about domestic rules on the taking of evidence: 

European Judicial Network in Civil or Commercial Matters - United Kingdom.

Evidence (Proceedings in Other Jurisdictions) Act 1975.

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed?

Letters of Request should include specific questions.

Is it a public or private hearing?

Private hearing.

Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)?

Yes.

Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request?

Yes.

Are documents produced by the witness authenticated by the court?

Yes.

Is an oath generally administered to the witness?

Yes.

Can the witness be made subject to further examination and recall?

Yes. First Request may be re-invoked.

Are there sanctions for non-appearance of witness?

If a witness is ordered to attend, and such an order is endorsed with a penal notice, then if that witness fails to attend, they are in contempt of court, and may be fined or imprisoned as a result of their non-attendance.

Must interpreters who assist with the witness examination be court-certified?

No.

How is the testimony transcribed?

Audio recording.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15

Applicable, no prior permission required.

Article 16

Applicable, no prior permission required where reciprocal arrangements in place.

Otherwise, see competent authority.

Article 17

Applicable, no prior permission required where reciprocal arrangements in place.

Otherwise, see competent authority

Article 18

Applicable, provided that the Contracting State whose diplomatic officer, consular agent or commissioner makes the application has made a declaration affording reciprocal facilities under Article 18. See competent authority.

Taking of evidence by video-links
(under either chapter)
 

Chapter I

Are there legal obstacles to the use of video links?

No. The United Kingdom bases the use of video-link on the functional development and medium neutral interpretation of the Convention in light of modern technologies.

Technology used:

No information available.

Level of interpretation required:

No information available.

Simultaneous or in sequence interpretation:

No information available.

Interpretation required in which jurisdiction?

No information available.

Who pays for the interpretation?

No information available.

How would a request for evidence be handled if witness not willing?

No information available.

Chapter II

Are there legal obstacles to the use of video links?

No.

Technology used:

No information available.

Level of interpretation required:

No information available.

Simultaneous or in sequence interpretation:

No information available.

Interpretation required in which jurisdiction?

No information available.

Who pays for the interpretation?

No information available.

Bilateral or multilateral agreements

To consult bilateral and multilateral treaties to which United Kingdom is a party, click here.

Council Regulation (EC) No. 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters.

Useful links:

http://www.hmcourts-service.gov.uk/cms/9820.htm (Foreign Process Section website).

(This page was last updated on 12 January 2012)

Vereinigtes Königreich - zuständige Behörde (Art. 18, 24)

For England and Wales:
The Legislation Office
The Foreign & Commonwealth Office
Norfolk House (West)
437 Silbury Boulevard
Milton Keynes MK9 2AH
United Kingdom
Telephone: +44 (0)1908 295 111 (09:30 - 15:30 Monday to Friday, excluding public holidays)
Fax: +44 (0)1908 295 122
E-mail: [email protected]
Website: www.fco.gov.uk
Language of communication: English
Contact person: the Central Authority

For Northern Ireland:
The Master Royal Courts of Justice, Queen's Bench and Appeals, Belfast 1
Chichester Street, 
BELFAST  BT1 3JF
Telephone: +44 (0)28 9023 5111
Fax: +44 (0)28 9031 3508
E-mail: [email protected]
Website: www.courtsni.gov.uk
Language of communication: English
Contact person: The Master

For Scotland:
Scottish Government
EU & International Law Branch
2W St. Andrew's House
EDINBURGH EH1 3DG
Scotland, UK
E-mail: [email protected]
tel.: +44 (131) 244 2417
fax: +44 (131) 244 4848

(This page was last updated on 22 April 2010)

Vereinigtes Königreich - zuständige Behörde (Art. 16, 17)

England and Wales
The Senior Master
For the attention of the Foreign Process Section
Room E16
Royal Courts of Justice
Strand
LONDON WC2A 2LL
tel.: +44 207 947 6691 / 7786 / 6488 / 6327 / 1741
fax: +44 870 324 0025 

(This page was last updated on 10 January 2012)

Volksrepublik China

Volksrepublik China - Zentrale Behörde (Art. 2)

International Legal Cooperation Center
Ministry of Justice of the People's Republic of China
10, Chaoyangmen Nandajie, Chaoyang District
BEIJING 100020

(This page was last updated on 3 February 2011)

Volksrepublik China (Hongkong) - zuständige Behörde (Art. 17)

Chief Secretary for Administration
Hong Kong Special Administrative Region Government
Room 140 East Wing
Central Government Offices
Lower Albert Road
Hong Kong
China

(This page was last updated on 27 August 2008)

Volksrepublik China (Hongkong) - weitere Behörden (Art. 24) und praktische Information

Designated authority:

Registrar of the High Court of the Hong Kong Special Administrative Region of the People's Republic of China

Contact details:

Address: Registrar of the High Court
38 Queensway
Hong Kong
China 
Telephone: +852 2825 4600
Fax: +852 2524 4860
E-mail: [email protected]
General website: www.judiciary.gov.hk
Contact person: Ms Queeny Au Yeung
Languages spoken by staff: English, Chinese

Practical Information
(The following information was provided by the relevant State authorities or was obtained from the replies to the 2008 Evidence Convention Questionnaire)

Blocking statutes: No blocking statute in force. 

Chapter I
(Letters of Requests)

Transmission of Letters of Requests: Letters of Request are first sent to the Chief Secretary for Administration before being sent to the Central Authority of the requested State.
Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7): Private agent of the parties or, in the absence of private agent, Law Officer (International Law).
Presence of judicial personnel at the execution of the Letter of Request (Art. 8): No declaration of applicability.
Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11): No declaration of applicability.
Translation requirements (Arts 4(2) and 33):  In accordance with Articles 4 and 33 of the Convention, the Hong Kong Special Administrative Region will not accept a Letter of Request in the French language.
Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26): Hong Kong does not seek reimbursement of costs under Arts 14 and 26.
Time for execution: No information available.
Art 23 pre-trial discovery of documents: Letter of Request may be executed subject to certain conditions (qualified exclusion).
Information about domestic rules on the taking of evidence: 

The legislation below is available online at: http://www.legislation.gov.hk/eng/home.htm

- Part VIII of the Evidence Ordinance (Chapter 8 of the Laws of the Hong Kong Special Administrative Region)

- Orders 39 and 70, Rules of the High Court (Chapter 4A of the Laws of the Hong Kong Special Administrative Region).

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed?

No such requirement is imposed for letters of request as such.  However, where private agents are not appointed in an incoming letter of request, it would be left to the Law Officer (International Law) to apply to the Court for execution and to arrange for the evidence to be taken.  Given that the Law Officer (International Law) is not party to the foreign legal proceedings, a list of specific questions is required in practice in order to facilitate the taking of evidence.  Furthermore, for outgoing requests, according to Order 39, rule 3 of the Rules of the High Court (Chapter 4A of the Laws of Hong Kong) (http://www.legislation.gov.hk/eng/home.htm), if evidence is to be obtained by means of written questions, a copy of the interrogatories and cross-interrogatories must be lodged with the letter of request.

Is it a public or private hearing? Private hearing.
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)? Yes.
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? Yes.
Are documents produced by the witness authenticated by the court? No.
Is an oath generally administered to the witness? Yes.
Can the witness be made subject to further examination and recall? Yes but a second request is necessary.
Are there sanctions for non-appearance of witness? A witness who fails to comply with the order for examination will be liable to committal for contempt of court.  See para. 70/6/24 of the HKCP 2008 and Order 45 of the Rules of the High Court.
Must interpreters who assist with the witness examination be court-certified? Yes.
How is the testimony transcribed? In the form of a deposition or verbatim transcript.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15 Applicable.
Article 16 Not applicable. 
Article 17 Applicable.
Article 18 No declaration of applicability (i.e., a diplomatic officer, consular agent or commissioner may not apply for appropriate assistance to obtain evidence by compulsion).

Taking of evidence by video-links
(under either chapter)
 

Chapter I

Are there legal obstacles to the use of video links? No.
Technology used: No information available.
Level of interpretation required: No information available.
Simultaneous or in sequence interpretation: No information available.
Interpretation required in which jurisdiction? No information available.
Who pays for the interpretation? No information available.
How would a request for evidence be handled if witness not willing? No information available.

Chapter II

Are there legal obstacles to the use of video links? No information available. 
Technology used: No information available.
Level of interpretation required: No information available.
Simultaneous or in sequence interpretation: No information available.
Interpretation required in which jurisdiction? No information available.
Who pays for the interpretation? No information available.
Bilateral or multilateral agreements

Not applicable.

Useful links:  

(This page was last updated on 22 August 2011)

Volksrepublik China (Macao) - weitere Behörden (Art. 24)
In accordance with Article 24 of the Convention, it designates the Procuratorate of the Macao Special Administrative Region as the Other Authority in the Macao Special Administrative Region, which will undertake to receive Letters of Request coming from a judicial authority of another Contracting State and to transmit them to the authority competent to execute them.

The address of the Procuratorate of the Macao Special Administrative Region is:
7th Floor
Dynasty Plaza Building
Alameda Dr. Carlos D'Assumpcao
NAPE
Macao

Weißrussland

Weißrussland - zuständige Behörde (Art. 8, 16, 17, 18)
The Republic of Belarus designates the Supreme Court of the Republic of Belarus and the Supreme Economic Court of the Republic of Belarus in accordance with their competence as the authorities for the purposes of these articles of the Convention.

Weißrussland - Zentrale Behörde (Art. 2)
Ministry of Justice
ul. Kollektornaya 10
220048 MINSK
Republic of Belarus
tel./fax: +375 (17) 200 9684

Zypern

Zypern - Zentrale Behörde (Art. 2) und praktische Information

Central Authority(ies):

Ministry of Justice and Public Order

 

Contact details:

Address: Ministry of Justice and Public Order
125 Athalassas Avenue
1461 NICOSIA
Cyprus
Telephone: +357 (22) 805 951
Fax: +357 (22) 518 356
E-mail: [email protected] 
General website:  
Contact person:  
Languages spoken by staff: Greek, English, French

Practical Information
(The following information was provided by the relevant State authorities or was obtained from the replies to the 2013 Evidence Convention Questionnaire)

Blocking statutes: No

Chapter I
(Letters of Requests)

Transmission of Letters of Requests: Letters of Request are sent directly from a judicial authority in the requesting State to the Central Authority of the requested State.
Letters of Request are first sent to the Central Authority of the requesting State before being sent to the Central Authority of the requested State.
Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7): Judicial authority competent to execute the request.
Presence of judicial personnel at the execution of the Letter of Request (Art. 8):  
Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11):  
Translation requirements (Arts 4(2) and 33):   
Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26): The costs incurred under Art. 14(2) tend to be reimbursed by the requesting State. These vary depending on the nature and complexity of the testimony, the degree of difficulty of the language to be translated, the length of the examination and the set fees of the expert or translator (if not a Court translator) in question.
The Art. 14(3) procedure is not followed by the competent authorities in Cyprus.
Furthermore, no costs arise in relation to Art. 26.
Time for execution: Usually 3 - 5 months
Art 23 pre-trial discovery of documents:  
Information about domestic rules on the taking of evidence:  Illegally adduced evidence cannot be relied upon by the Court.

Witness examination under Chapter I

Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? Letters of request should preferably include specific questions.
Is it a public or private hearing? Private hearing
Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)? This is at the Judge's discretion.
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? The witness is usually provided with general information as to the matter to be addressed and is requested to have any relevant documents at the Court's disposal.
Depending on the complexity of the case/ testimony, however, the witness might be provided with the specific questions in advance.
Are documents produced by the witness authenticated by the court? Yes
Is an oath generally administered to the witness? Yes
Can the witness be made subject to further examination and recall? Yes
Are there sanctions for non-appearance of witness? No
Must interpreters who assist with the witness examination be court-certified? Yes
How is the testimony transcribed? It is transcribed by a stenographer / shorthand typist.

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15  
Article 16
Article 17
Article 18

(This page was last updated on 6 March 2014)

Zypern - zuständige Behörde (Art. 18)
the Supreme Court

Zypern - zuständige Behörde (Art. 16, 17)
the Ministry of Justice


Nichtmitglieder der Organisation


Authorities

Barbados

Barbados - Zentrale Behörde (Art. 2)
the Registrar of the Supreme Court of Barbados

Kolumbien

Kolumbien - Zentrale Behörde (Art. 2)

Ministerio de Relaciones Exteriores de la República de Colombia
Dirección de Asuntos Migratorios, Consulares y Servicio al Ciudadano

Kuwait

Kuwait - Zentrale Behörde (Art. 2)

The State of Kuwait
Ministry of Justice 
International Relations Department
Ministries Complex , Building No 14
P.O. Box 6, Safaat 13001
Kuwait City
Tel.: +965 248-6039 / 248-6701 / 248 6705
Fax: +965 243-5221 / 244-2475 / 244-1390
E-mail: [email protected]

languages of communication: Arabic, English

Liechtenstein

Liechtenstein - Zentrale Behörde (Art. 2)

Pursuant to Article 35 (1) of the Convention, the Principality of Liechtenstein notifies as Central Authority referred to in Article 2 of the Convention:

Fürstliches Landgericht (Court of Justice)
Spaniagass 1
9490 Vaduz
Principality of Liechtenstein

Seychellen

Seychellen - Zentrale Behörde (Art. 2)

The Central Authority which will undertake to receive and transmit letters of requests to the executing authority:

Ministry of Foreign Affairs and International Co-operation of the Republic of Seychelles
Maison Queau de Quinssy
Mont Fleuri
Victoria
Mahé
P.O. Box: 656
Telefax: 248-224845
E-mail: [email protected]
E-mail: [email protected]

(This page was last updated on 14 September 2006)

Seychellen - zuständige Behörde (Art. 25)

The Competent Authority to execute Letters of Request:

Supreme Court of Seychelles
Supreme Court Building
Victoria
Mahé
P.O. Box: 157
Telefax: 248-225874
E-mail: [email protected]
Email: [email protected]

(This page was last updated on 14 September 2006)