Sri Lanka - Central Authority (Art. 2) and practical information

Central Authority:

Secretary
Ministry of Justice

Contact details:
Address: Secretary
Ministry of Justice 
Superior Courts Complex
COLOMBO 12
Sri Lanka
Telephone: +94 11 244 9959/+ 94 11 2 323979
Fax: +94 11 2 44 5447
E-mail: secretary@justiceministry.gov.lk
General website: http://www.justiceministry.gov.lk
Contact person: Mr. Padamasiri Jayamanne, Secretary
Languages spoken by staff:

English, Sinhala/Tamil

 

Practical Information
(The following information was provided by the relevant State authorities or was obtained from the replies to the Evidence Convention Questionnaires)
Blocking statutes: Not provided for by Sri Lankan 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): The prior authorisation of the Competent Authority designated under Article 2 would be required. See declarations.
Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11): No declaration.
Translation requirements (Arts 4(2) and 33):  The letter of request should be in the English language or if in French, accompanied by an English translation. See declarations.
Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26): The Government of Sri Lanka does not charge a fee to execute a request. See declarations.
Time for execution: 3-4 months.
Art 23 pre-trial discovery of documents: Full exclusion. See declarations.
Information about domestic rules on the taking of evidence:  Evidence Ordinance No.14 of 1895 and amendments. Mutual Legal Assistance in Civil and Commercial Matters Act No. 39 of 2000.
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 questionaire containing specific questions is required.
Is it a public or private hearing? Public hearing (Not in Camera)
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, 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
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? Yes (costs)
Must interpreters who assist with the witness examination be court-certified? Yes
How is the testimony transcribed? Court Staff/Stenographers
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?  
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 31 August 2017)

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