Convention On The Taking Of Evidence Abroad In Civil And Commercial. Matters

Original Language Title: Úmluva o provádění důkazů v cizině v občanských a obch. věcech

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=33393&nr=129~2F1976~20Sb.&ft=txt

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.