129/1976 Sb.
Decree
Minister of Foreign Affairs
of 23 December 2003. August 1976
on the Convention on the taking of evidence abroad in civil or commercial matters
Change: 68/2014 Coll.
On 18 July 2005. March 1970 was in the Hague on XI. session of the Hague Conference on
private international law, negotiated the Convention on the taking of evidence in
abroad in civil and commercial matters.
On behalf of the Czechoslovak Socialist Republic, the Convention was signed in
The Hague on 6. February 1975.
With the Convention have expressed their approval of the Federal Assembly of the Czechoslovak
Socialist Republic and the president of the Republic has ratified it with
Declaration on article 16, under which the evidence may be carried out on
the territory of the Czechoslovak Socialist Republic without prior permission
on the basis of reciprocity and with the Declaration on article 18, which States that
the diplomatic representative or consular officer, the Commissioner is authorized to
the taking of evidence in accordance with articles 15, 16 and 17 may, on the basis of reciprocity,
ask for the execution of the procedural act, the Court or the competent Czechoslovak
Czechoslovak State notary, which shall forward the file through the
the Ministry of Justice of the Czech Socialist Republic in Prague or
the Ministry of Justice of the Slovak Socialist Republic in
Bratislava.
The ratification instrument was deposited the Czechoslovak Socialist Republic
with the Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the
The Convention, on 12 June 2006. May 1976.
Entered for the Czechoslovak Socialist Republic in
into force, pursuant to article 38 para. 2 day 11. July 1976.
Czech translation of the Convention shall be published at the same time.
Minister:
Ing. Now in r.
Convention
on the taking of evidence abroad in civil or commercial matters
The Contracting States to this Convention,
Desiring to facilitate the transmission and processing of the request and allow the approximation of
different ways, which is used for these purposes,
Desiring to improve mutual assistance in judicial matters
civil or commercial,
have decided to conclude a Convention for this purpose and have agreed on the following
provisions:
Part I
Request
Article 1
In civil and commercial matters can the judicial authority of the Contracting State
According to their own legislation to request from the relevant requests
authority of another Contracting State, that was made to the evidence or other judicial
the Act.
Addressed letters rogatory cannot be asking for evidence that is not intended for use
in the trial, which is taking place or will take place.
The expression "other judicial acts" does not cover or service of judicial
documents or interim measures and enforcement.
Article 2
Each Contracting State designates a central authority that is responsible for receiving
the request received from the judicial authority of another Contracting State and pass them
the competent authority in order to perform. The Organization of the central authority is
governed by the law of the requested State.
Request are sent to the central authority of the requested State without
through another Office of that State.
Article 3
The request contains the following data:
the requesting authority) and, if possible, also of the requested authority,
(b) designation and address of the participants). their representatives,
(c) the nature of the proceedings) which the evidence is sought, with an indication of any
the necessary facts,
(d)) the proof required or other court actions, to be carried out.
In justified cases, the request will contain, inter alia:
(e) the names and addresses of persons), to be heard,
f) questions to be put to the examined persons, or
the facts on which they are to be examined,
h) request to proof was made under oath or a credible
verification, as well as a special form of, which is to be used,
I) a special way or driving, the use of which is required under
Article 9.
The request may also contain the information necessary for the application of article 11.
Verification or similar formality may not be required.
Article 4
The request must be drawn up in the language of the requested authority or shall be
attached a translation into that language.
Each Member State must, however, accept a request, drawn up in the language of the
French or English or if it is attached a translation into one of the
of these languages, unless they used the reservation provided for in article 33.
Each Member State, which has more of the official languages and cannot, having regard to
National the right to receive the request in one of these languages for the entire
their national territory, must make note of the Declaration, in which the language has
be request drawn up in or translated with respect to its implementation in the
specific parts of its territory. In the event that the obligations arising from this
the Declaration will not be met without serious reasons, the costs for
translation into the desired language to the debit of the requesting State.
Each Member State may, in a declaration to specify the language or languages other than
are listed in the preceding paragraphs, in which the request may be
sent to its central authority.
Each translation is attached to the request must be authenticated either by the diplomatic
representative or Consul, or sworn interpreter or other person
authorised to do so in one of the two countries.
Article 5
If the Central Authority considers that the provisions of the Convention have not been observed,
It shall forthwith inform the authority of the requesting State, which sent
the request, and shall communicate the objection to the request.
Article 6
If the authority to which the request is to decline jurisdiction, it shall be transmitted from the
official duties and without delay to the authority which is competent pursuant to this
the law of the requested State.
Article 7
The requesting authority, if requested, will be informed about the date and place where the
management should be carried out in order to be able to participate in the participants, having
the interest on it, as appropriate, their representatives. This communication shall be forwarded directly
referred to the participants, or their representatives, if the applicant authority of the
He asks.
Article 8
Any Contracting State may declare that the judicial officials of the requesting
authority of the other Contracting State may be present during the performance of the request.
This measure may be subject to the prior agreement of the competent
the authority designated by the State that issued the statement.
Article 9
The judicial authority, which carries out the request, it shall apply, as regards the procedural
procedure, the law of his State.
However, to satisfy the wish of the applicant authority, to be guided by the
special forms of, unless this form has not been consistent with the laws of the
of the requested State, or that its use was not possible either with regard to
the judicial practice of the requested State, or for difficulties in practice.
The request must be done expeditiously.
Article 10
When processing the request, the requested authority uses coercive means
in those cases and to the extent laid down by the law of the requested State, in the
the implementation of the request of the authorities, or at the request of a participant in
has an interest in.
Article 11
The request shall not apply if the person to whom it relates, relied on by the
the exemption or ban on evidence, provided:
and the laws of the State) in either of the requested,
(b)) or the laws of the State of the applicant, if this is indicated in the request,
where appropriate, confirmed at the request of the applicant authority, the requested authority.
In addition, each Contracting State may declare that it will recognise the permissions
and prohibitions provided for by the laws of other States than the State of the applicant and
requested, to the extent set out in this statement.
Article 12
The performance of the request may be refused only if:
and performance) in the requested State does not belong to the jurisdiction of the judicial authorities or
(b)) the requested State considers that, due to the nature of the enforcement of letters rogatory
would prejudice its sovereignty or security.
Power cannot be denied only because the national law of the requested
the State establishes the exclusive competence to the case, or because they
does not allow a claim by legal action.
Article 13
Documents on the implementation of the request of the applicant authority, the requested authority shall send to the
the same route was used for the request.
If the request was not made wholly or in part, the applicant must be
authority shall be informed immediately in the same way, with the reasons therefor.
Article 14
The performance of the request there can be no obligation to refund fees or
costs, regardless of their nature.
However, the requested State may require from the applicant State to pay the remuneration
paid to experts and interpreters, and the costs associated with the use of special
forms requested the requesting State pursuant to article 9, paragraph 2.
The requested authority shall, in accordance with the rule of law are participants required to
to provide evidence, and who cannot perform the request itself can delegate
the person eligible to do so, with the consent of the requesting authority. When
to request such permission, the requested authority shall notify to the approximate amount of the costs
you would have asked for such a procedure. Where the requesting authority shall grant your
consent will be required to replace these costs. If such consent
not be granted, the requesting authority is not obliged to pay these costs.
Part II
Taking of evidence through diplomatic representatives,
consular officials and agents
Article 15
The diplomatic representative or consular officer of a Contracting State
may in civil matters or trade carried out on the territory of another
Contracting State and in the district, where it carries out its functions, the evidence without the use of
coercion for the purposes of proceedings before the Court of the State which he represents,
with regard to the nationals of that State.
Any Contracting State may declare that the evidence may be performed
the diplomatic representative or consular officer only if
to do so at their request or the request filed on behalf of přivolí
the competent authority shall make this statement.
Article 16
The diplomatic representative or consular officer of a Contracting State
may on the territory of another Contracting State and in the district, where he performs his
functions, examine evidence without the use of coercion for the purposes of the proceedings conducted
before a Court of a State that represents, as well as with regard to nationals of the State,
where exercising his functions, or about a third, if nationals
and the competent authority appointed by the State), where he performs his functions, to
permission either generally or in each case and
(b)) the diplomatic representative or consular official shall ensure conditions which
This competent authority has set on your permit.
Any Contracting State may declare that the evidence referred to in this article may
be carried out without prior authorization.
Article 17
In civil and commercial matters, anyone who is duly
empowered to perform without the use of force on the territory of the
a Contracting State evidence in matters relating to the management of
held before a Court of another Contracting State if:
and give competent) authority designated by the State where the Act is carried out,
permission either generally or for each individual case and
(b)) are complied with conditions established by the competent authority in this
permission.
Any Contracting State may declare that the evidence may be
carried out without its prior consent.
Article 18
Any Contracting State may declare that a diplomatic agent, consular
officer or Commissioner authorized to the taking of evidence in accordance with articles 15,
16 and 17 may apply to the competent authority designated by the abovementioned State
with the request to be granted the necessary assistance in the taking of evidence
with the use of coercion.
If the competent authority to satisfy such a request, it's law enforcement
resources that are appropriate and that are established for proceedings before the
own authorities.
Article 19
The competent authority may, when granting approval referred to in article 15, 16 and 17
or declaration referred to in article 18, establish the conditions which are considered to
appropriate, in particular with regard to the hour, date and place of the taking of evidence.
You may also request that this hour, date and place have been communicated to her
in advance and in a timely manner; in such a case it may be representative of the above
authority present in the implementation of evidence.
Article 20
In the implementation of evidence based on any of the articles of this section may be
persons interested are legally represented.
Article 21
If a diplomatic agent, consular officer or Commissioner
shall be entitled to perform the proof referred to in article 15, 16 or 17,
and) can perform all the evidence that they are not incompatible with the law of
State where the Act is carried out, or are not in contradiction with the consent granted
on the basis of the above articles, and under the same conditions to interrogate under
oath or místopřísežně;
(b)) any request to the person concerned came to the taking of evidence
or that the evidence filed, it is necessary to write in the language of the place where it is to be
evidence, or supply a translation into that language with
except when it is a person who is a national of a State,
where the Court is sitting;
(c) the summons shall indicate) that the defendant may be legally represented and
in the case of a State that has not made the declaration provided for in article 18, that is not
obliged to attend or participate in the taking of evidence;
(d)) the taking of evidence may be made in the manner prescribed by the law, which the
It's in the Court, which is leading the proceedings if that method is not
disabled the laws of the State where the Act is carried out;
(e)) the person to whom the obligation of proof applies, may be made to the
permissions and prohibitions laid down in article 11.
Article 22
The fact that the evidence could not be carried out according to the provisions of this section
because he refused to submit to the person concerned, shall not prevent the
evidence was then applied for pursuant to the provisions of the first part.
Part III
General provisions
Article 23
Any State may, when signing, ratification or accession, declare that
will not perform the request, the purpose of which is to control the known in the States
the area of Common Law under the designation of "pre-trial discovery of documents".
Article 24
Each Contracting State may authorize, in addition to the central authority and other authorities,
While the extent of their competence. However, you can always request
sent to the central authority.
The Federal States can designate more of the central authorities.
Article 25
Each Contracting State, where multiple jurisdictions, may charge the authorities
one of these laws, the exclusive privilege to perform request
under this Convention.
Article 26
Each Contracting State, whose constitutional provisions require it, may, from
the requesting State requesting a refund request for the use of resources to
enforce participation in the taking of evidence, the cost of the participation of such a person, and
costs for the drafting of the Protocol in the implementation of evidence.
It's where a State the provisions of the preceding paragraph, each
other Contracting State requesting a refund from him the relevant costs.
Article 27
The provisions of this Convention shall not prevent a Contracting State
and) said that the request can be sent to the judicial authorities
in other ways, other than as provided for in article 2;
(b)) allowed its internal rules, or make based on practice
acts to which the Convention applies under less restrictive conditions;
(c)) allowed its internal rules, or on the basis of the practice of other
methods of proof than those provided for by this Convention.
Article 28
This Convention shall not prevent the Contracting States have agreed on a different
Edit:
and) article 2, as regards the ways to send letters rogatory;
(b)) article 4, concerning the use of languages;
(c)) of article 8, with regard to the presence of judicial officers in the exercise of
letters rogatory;
(d)) of article 11 as regards the exemption and bans svědecky to testify;
e) article 13 as regards the sending of a letter of discharge;
f) to article 14 as regards the adjustment costs;
(g)) the provisions of part II.
Article 29
This Convention replaces, in relations between States, which it will ratify,
articles 8 to 16 conventions on civil procedure signed at the Hague on 17.
July 1905 and 1. in March 1954, when these States are Contracting
some of the parties to those conventions.
Article 30
This Convention shall not affect the application of article 23 of the Convention of 1905, or
Article 24 of the Convention of 1954.
Article 31
Additional agreements between the Contracting States to the conventions of 1905 and 1954 can be
also use for this Convention, unless the States agree to
otherwise.
Article 32
This Convention shall not affect any conventions to which the parties are or will be
the Contracting States, and which contain provisions on matters governed by this
The Convention; This is without prejudice to articles 29 to 31.
Article 33
Any State may, when signing, ratifying or exclude access completely
or part of the application of the provisions of the second paragraph of article 4, as well as the other
Chapter. No other reservation shall not be admitted.
Any Contracting State may at any time withdraw a reservation which it will do;
the effectiveness of the reservation of the 60th day after the communication lapses of her appeal.
Once a State reservation, any other State by the
use the same procedure in relation to a State which has made a reservation.
Article 34
Any State may at any time withdraw or modify its Declaration.
Article 35
Each Contracting State shall notify the Ministry of Foreign Affairs of the Netherlands, either
When you save the instrument of ratification or instrument of accession or later,
the authorities referred to in articles 2, 8, 24, 25.
Shall notify, where applicable, under the same conditions
and authorities) covered by the diplomatic representatives or consular
officials must turn in accordance with article 16 and those institutions that can grant
permissions or provide assistance pursuant to articles 15, 16 and 18;
(b) credentials of the authorities) can give the Commissioner authorisation referred to in article
17 or provide assistance pursuant to article 18;
(c)) Declaration relating to articles 4, 8, 11, 15, 16, 17, 18, 23 and 27;
(d) revocation or Amendment) to each of the above credentials and statements;
e) every appeal.
Article 36
The divisions that would have occurred between the Contracting States in the application of this Convention,
to discuss through diplomatic channels.
Article 37
May sign this Convention States represented on XI. the meetings of the Hague
Conference on private international law.
Convention shall be ratified and the instruments of ratification will be deposited at the
Ministry of Foreign Affairs of the Netherlands.
Article 38
This Convention shall enter into force 60 days after the deposit of the third instrument of ratification
of the Charter in accordance with article 37 paragraph 2. 2.
Convention enters into force for each Contracting State, it will be
ratify later the day after the 60th ratification.
Article 39
Each State of the unrepresented on XI. session of the Hague Conference on
private international law, which is a member of the Conference, or
The United Nations or its specialized agencies, or of the Contracting
a party to the Statute of the International Court of Justice, may accede to this
The Convention after its entry into force in accordance with article 36, paragraph 2. 1.
The instrument of accession shall be deposited at the Ministry of Foreign Affairs
The Netherlands.
Convention enters into force for the acceding State the sixtieth day after the deposit
the instrument of accession.
Accession is effective only in the relations between the acceding State and
the Contracting States, which declares that he agrees with the approach. This
the Declaration will be saved at the Ministry of Foreign Affairs of the Netherlands,
that diplomatic means shall send a certified copy thereof to each Contracting
State.
Convention enters into force between the acceding State and the State which
He said that adopting this approach the sixtieth day after the deposit of the Declaration
about this adoption.
Article 40
Any State may, when signing, ratification or accession, declare that
This Convention shall apply to all territories in terms of
International stands, or to one or more of them. This statement
will become effective as soon as the Convention enters into force for that State.
Later must be each extension of validity in this direction announced
Ministry of Foreign Affairs of the Netherlands.
Convention enters into force for the territories of which the extension refers to, 1968
the day after the notification referred to in the preceding paragraph.
Article 41
This Convention shall be in effect for 5 years from the date of entry into force referred to in
Article 38 para. 1 also for States that will ratify or accede to
will accede later.
The Convention will be tacitly renewed for 5 years unless terminated.
Notice of termination will be announced no later than 6 months before the expiry of the 5-year period
Ministry of Foreign Affairs of the Netherlands.
Denunciation may be limited to certain territories to which the Convention applies.
Notice of termination will be effective only for the State, which it notifikoval. For the other
the States parties to the Convention will remain in force.
Article 42
Ministry of Foreign Affairs of the Netherlands shall notify the States referred to in article
37, as well as the States that will accede in accordance with the provisions of article 39:
and the signatures and ratification) referred to in article 37,
(b)) this date of entry into force of the Convention in accordance with the provisions of article
38, para. 1,
(c)) approaches in accordance with article 39 and the date, which will become effective,
d) extensions under article 40 and the date, which will become effective,
e) credentials, reservations and declarations referred to in article 33 and 35,
f) denunciations under article 41 paragraph 2. 3.
In witness whereof the undersigned, duly authorised thereto, have signed this
The Convention.
Done at the Hague on 18 July 2005. March 1970 in the English and French language
both texts being equally authentic, in a single copy, which
be deposited in the archives of the Government of the Netherlands, and of which a certified copy will be passed
through the diplomatic channel to each State represented at the XI. the meetings of the Hague
Conference on private international law.
