Central Authority(ies):
The Ministry of Law and Justice
and the High Courts in all States and Union Territories within India
Contact details: |
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Address: | The Ministry of Law and Justice Department of Legal Affairs Room No 439-A, 4th Floor, A-Wing Shastri Bhawan New Delhi 110001 India |
Telephone: | +91 (11) 233 810 22 |
Fax: | |
E-mail: | j.p.dubey76@gov.in judicial-dla@nic.in |
General website: | https://legalaffairs.gov.in |
Contact person: | Mr J.P. Dubey, Deputy Legal Adviser |
Languages spoken by staff: |
Practical Information |
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Blocking statutes: | |
Chapter I |
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Transmission of Letters of Requests: | |
Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7): |
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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): |
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Translation requirements Arts 4(2) and 33): |
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Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26): |
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Time for execution: | |
Pre-trial discovery of documents Art. 23): |
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Information about domestic rules on the taking of evidence: | |
Witness examination under Chapter I |
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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 |
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Article 15 | |
Article 16 | |
Article 17 | |
Article 18 | |
Taking of evidence by video-links |
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Chapter I |
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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 |
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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? | |
Other Information |
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Bilateral or multilateral agreements | |
Useful links: | |
Competent authorities (Art. 17) | |
Additional authorities (Art. 24) |
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