Authorities

 Serbia - Central Authority (Art. 2) and practical information
Address

Central Authority(ies):

Ministry of Justice and Public Administration of the Republic of Serbia

Contact details:
Address: 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
Telephone: +381 (11) 3620 649
Fax: +381 (11) 3620 649
E-mail: [email protected]
[email protected] 
General website:  
Contact person: Ms Snezana Djurdjevic
Ms Sanja Stankovic
Languages spoken by staff:  

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:

A "blocking statute" is a law that prohibits a person from providing (or requesting) evidence within the territory of a State when that evidence would ultimately be used by foreign authorities. 

 
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): Court Employees of the requesting State can be present in execution of the Request in Republic of Serbia after obtained permission from Ministry competent for the Administration of Justice. See declarations.
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):  Republic of Serbia is against application of Article 4 paragraph 2 of the Convention. See declarations.
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: No declaration.
Information about domestic rules on the taking of evidence:  Taking of evidence is regulated by Articles 228-288 of 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? Not specified in the Civil Procedure Act.
Is it a public or private hearing? Civil Procedure Act prescribes that the hearings are public and only persons older than 16 years may attend the hearing, unless otherwise determined by the law.

The court may exclude the public from the whole trial or its part if it is required by reasons of national security, public security, moral, public policy, privacy of the parties involved or when determined by the law. The court may also exclude the public in case when measures for maintaining of order provided under this law would not secure undisturbed proceedings at the trial.

Exclusion of the public does not apply to the parties, their legal representatives, attorneys and interveners. The court may allow certain officials as well as scientists and public workers to attend the trial where the public has been excluded, if in the interest of their official activity, scientific or public work. The court may allow, upon the motion of a party, presence of two persons at most, designated by such party.

The court will warn persons attending the trial where public is excluded that they are obliged to keep confidential all they learn at the trial, and instruct them about consequences of the breach of such confidentiality.

The court shall decide about exclusion of the public by an explained and publicly announced ruling. No special appeal is allowed against the ruling on exclusion of the 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)?  
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, in the case of doubt.
Is an oath generally administered to the witness? No
Can the witness be made subject to further examination and recall? Yes
Are there sanctions for non-appearance of witness? Yes
Must interpreters who assist with the witness examination be court-certified? Yes
How is the testimony transcribed? By means of written (typed) or stenographic transcript, or by means of audio /video recording.
Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)
Article 15 Applicable
Article 16 Applicable
Article 17 Applicable
Article 18 Applicable
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 25 July 2014)

Conventions