Montenegro - Autoridade Central (Art. 2) e informações práticas

Central Authority(ies):

Ministry of Justice, Human and Minority Rights

Contact details:

Address: Vuka Karadžića 3, Podgorica, Montenegro
Telephone: +382-20-407-510
Fax: +382-20-407-566
E-mail: dara.tomcic@mpa.gov.me
General website: https://mpa.gov.me/ministarstvo
Contact person: Dara Tomčić
Languages spoken by staff: Montenegrin, English

 

Practical Information

Blocking statutes:  

Chapter I
(Letters of Requests)

Transmission of Letters of Requests: Through Central Authority (Ministry of Justice, Human and Minority Rights of Montenegro)
Authority responsible for informing of the time and place of the execution of Letter of Request
(Art. 7):
Court
Presence of judicial personnel at the execution of the Letter of Request (Art. 8): Yes.
Privileges and duties existing under the law of States other than the State of origin and the State of execution
(Art. 11):
Yes.
Translation requirements
Arts 4(2) and 33):
Yes.
Costs relating to execution of the Letters of Request
(Arts 14(2)(3) and 26):
No cost.
Time for execution: Time is not limited.
Pre-trial discovery of documents
Art. 23):
No.
Information about domestic rules on the taking of evidence:  Law on Civil Procedure (Chapter XIX)

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? Letter of Request includes the list of matters to be addressed.
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? Not applicable.
Can the witness be made subject to further examination and recall? Yes.
Are there sanctions for non-appearance of witness? Yes, there are sanctions for non-appearance of witness.
Must interpreters who assist with the witness examination be court-certified? Yes.
How is the testimony transcribed? No, the testimony is not transcribed.

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

Article 15 Without reservation.
Article 16 Reservation
Article 17 Without reservation.
Article 18 Reservation

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?  

Other Information

Bilateral or multilateral agreements  
Useful links:  
Competent authorities (Art. 8) See here.
Additional authorities (Art. 24)  

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