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Law of 11 December 1980 implementing the Hague Convention of 18 March 1970 on the acquisition of evidence abroad in civil and commercial matters of the
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we have taken into consideration the need to introduce provisions to the Hague Convention of 18 March 1970 on the acquisition of evidence abroad in civil and commercial matters in the Netherlands. trading matters;
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
For the purposes of this Law, the term 'Convention' shall mean the Convention on the acquisition of proof abroad in civil and commercial matters of which the French and English texts are published in the Hague on 18 March 1970. Tractatenblad 1969, No 94 as well as translation into Dutch in Tractatenblad 1979, No 38 is placed.
As a central authority, as provided for in Article 2 of the Convention, the Netherlands shall be designated The Hague.
Letters rogatory, the transmission of which has not been carried out in accordance with the provisions of the Convention, shall be sent to the Central Authority by the consignee on grounds of reasons of reasons.
1 The court shall be designated as the authority by which, in accordance with the provisions of the Convention, the execution of letters rogatory shall be made from the States in which the Convention is in force.
2 The Judge shall carry out the letters rogatory without delay.
1 The central authority shall verify that the letters rogatory complies with the provisions of the Convention.
If the Commission considers that the letters rogatory complies with the provisions of the Convention, the Commission shall send the letters rogatory to the court within whose territory the procedure is to be implemented. This court shall be bound to such transmission. In the case of a witness examination or expert examination, the letters rogatory shall be carried out by the court within whose territory the witnesses or experts, or the greatest number of persons residing or staying, shall be executed. If the conduct of the letters rogatory should take place in several jurisdictions, each of the courts of these jurisdictions is competent to implement the commission as a whole.
3 The letters rogatory may be referred to the court of cantonal courts. The cantonal judge shall be bound by this reference.
4 In the case of a general measure of management, detailed rules may be laid down in respect of the second paragraph.
1 Is the central authority of the opinion that the letters rogatory does not comply with the provisions of the Convention, the central authority shall without delay inform the authority of the requesting State which forwarded the letters rogatory. It shall give a precise indication of the objections which have been raised against the request.
2 The communication referred to in the preceding paragraph shall be made or translated into the language in which the request has been lodged or translated, if it is German, English, French or Dutch. In other cases, the communication must be made in English.
3 A letters rogatory dealing with a procedure known as 'pre-trial discovery of documents' in the States where the 'common law' is known shall be treated in accordance with the provisions of the preceding paragraphs.
If the central authority considers that Article 12 (b) of the Convention applies, it shall send the documents to our Minister of Justice, which shall, if necessary, after consulting our Minister for Foreign Affairs, be informed of the necessary documents. Definitely.
The court responsible for carrying out the letters rogatory may, if he considers it necessary for a proper performance, translate the documents into the Netherlands by a sworn translator. He may request the intervention of the Central Authority for that purpose. The cost of translation is costs as referred to in Article 13 .
1 In the examination of persons on letters rogatory, the provisions of the Dutch law apply as far as possible, if it was the case for a Dutch judge.
2 The court may determine which of the parties is responsible for the convocation of a commission of letters rogatory. Appeals which are not carried out by one of the parties shall be made by the Registrar of the Court of Justice. The Articles 171 , 172 , 173 and 178 of the Code of Civil Procedure shall be subject to the examination of witnesses and shall be applied mutatis mutandis.
3 The court shall apply to any difference of law or to a prohibition of a declaration in accordance with Article 11 (1) of the Convention and shall be independent of the recognition of a right of difference or of a prohibition as referred to in Article 11 (1) of the Convention. in Article 11, second paragraph, of the Convention.
Minutes shall be drawn up from the implementation of the letters rogatory.
All expenses incurred in the execution of letters rogatory shall be borne by the State, subject to the costs referred to in Article 14, second paragraph, of the Convention and the costs to be recovered pursuant to the second paragraph of Article 26 of the Convention.
The Judge who carried out the letters rogatory shall send the minutes thereof, together with an indication of the costs which shall not be borne by the State, to the central authority.
1 The central authority shall forward the minutes of implementation of the letters rogatory without delay to the requesting authority of the State from which the commission is received, without any translation being attached to the minutes. has been used.
(2) The letters rogatory shall not be carried out or have been carried out only in part; the central authority shall inform the requesting authority thereof, giving the reasons therefor. Article 6, second paragraph, shall apply.
Where the costs of the letters rogatory are not borne by the State, the central authority shall declare it to the requesting authority, with a request to reimburse such costs.
A refusal decision pursuant to Article 5, Article 9, second paragraph, and Article 12 (1) (a) of the Convention shall be deemed to be a decision appealed against to the parties to the main proceedings in accordance with the provisions of Article 5 (2) of the Convention. Fourth Section of Title 7 of the First Book of the Code of Civil Procedure On the understanding that the appeal does not suspend operation, unless the court has determined otherwise, and must be instituted within a period of four weeks from the date of the decision.
Where, in accordance with the provisions of the Convention, a commission rogatory is ordered by the Netherlands court to the competent authority of one of the States in which the Convention is in force, the Registrar shall send the documents to the competent authorities of the Member States in which the Convention is in force. the central authority of that State as referred to in the Convention, or to any other authority which has also been designated, in accordance with Article 24 of the Convention, to receive letters rogatory.
2 The documents shall be accompanied by a translation by a translator in the language of the requested authority or, where Article 4, second or fourth paragraph, of the Convention applies to the State in question, in French, English or any other language in which a letters rogatory may be addressed to the central authority of that State. The court may determine which of the parties shall take care of and pay the costs of this translation.
1 The letters rogatory must contain the following information:
(a) the name of the applicant authority and, if possible, that of the requested authority;
(b) the names and addresses of the parties and, if necessary, of their representatives;
(c) the nature and the subject matter of the proceedings, together with a summary of the facts;
(d) the investigative act or any other judicial act to be carried out.
2 Where necessary, the letters rogatory shall also specify:
(a) the names and addresses of the persons to be heard;
(b) the questions to be asked of the persons to be heard, or the facts on which they are to be heard;
(c) the pieces or other objects to be examined;
(d) whether the statement is to be taken under oath or under promise and, where appropriate, the formula to be used;
(e) the special form of which the application is required in accordance with Article 9 of the Convention.
3 The letters rogatory shall also indicate, if necessary, the information necessary for the application of Article 11 of the Convention.
The fees and charges requested by the requested State in question shall be made by the court in accordance with the rules of procedure. Articles 237 and 289 of the Code of Civil Procedure rule, in so far as such articles are subject to a fee to be concluded.
2 The Registrar shall pay the costs and fees referred to in the preceding paragraph to the central authority of that Requested State and shall, in so far as they are included in a judgment in order to be included in the costs of proceedings, take into account the claimant or the applicant, unless the judge has jointly appointed, in connection with the circumstances of the proceedings, the defendant, the plaintiff and the defendant, one or more of the other interested parties, or the applicant. In respect of reimbursement of the fee for experts, the third to fifth sentences of the Commission are: Article 195 of the Code of Civil Procedure applicable mutatis mutandis. In the cases referred to in these sentences, the Articles 199, third paragraph , and 244, First paragraph, of the Code of Civil Procedure applicable mutatis mutandis.
The judge shall, if necessary, lay down the day on which the matter will be called for roll-off.
1 The minutes of the letters of execution of letters rogatory have an equivalent force as those of the Dutch court.
2 Other documents relating to the execution of an act to obtain evidence or other judicial act shall have an equivalent effect as parts of the Netherlands with regard to the same act.
1 The authority referred to in the second sentence of Article 8 of the Convention, which is to give consent to a judicial officer of the requesting authority to attend the execution of a rogatory of letters, is the judge who is the judge of the carrying out the letters rogatory.
2 The court referred to in paragraph 1 may attach conditions to his consent which he considers to be useful or necessary from the point of view of good procedural order.
3 In the case of a general measure of management, detailed rules may be laid down for the conditions referred to in paragraph 2.
1 The authority referred to in Article 17 (1) (a) of the Convention, which must leave for the execution of investigative acts by a Commissioner appointed for that purpose, shall be the supply judge of the district court of the Arrondissement, where the investigative act is to be carried out. In the event of a witness hearing or expert hearing, this is the district where the witnesses or experts, or the greatest number of them, reside or reside.
2 The provision court may attach to the leave conditions which he considers to be useful or necessary from the point of view of good procedural order. He/she may determine that the examination or examination is carried out in the court building under the supervision of a judge to be appointed by him.
3 In the case of a general measure of management, detailed rules may be laid down for the conditions referred to in paragraph 2.
4 The leave referred to in paragraph 1 shall, without prejudice to the preceding paragraph, be granted only if the following conditions are fulfilled:
(a) The witness or expert concerned must have been duly summoned to a convocation who is in Dutch or is accompanied by a translation into Dutch. In addition, the summons must state:
-the information and a brief description of the procedure in which the examination or examination was requested, and the judge from whom the application was obtained;
-that the appearance is voluntary and that a refusal to appear, to take the oath or to make a statement, or to make a statement, cannot lead to any measure or punishment of any kind to the person concerned, nor to The Netherlands, or in the State where the proceedings are pending;
-that the person concerned may be assisted by a counsellor,
-that the person concerned may, in accordance with Article 11 of the Convention, rely on a right of change or a prohibition on the making of a declaration;
-reimbursement of the costs of appearance by the Commissioner responsible for the investigation.
(b) A copy of the summons referred to in point (a) shall be forwarded to the supply court.
(c) The request must state the reasons why the investigative act was directed to the Commissioner, as well as the capacity of the Commissioner, unless a lawyer authorised in the Netherlands is designated as such.
(d) The costs of carrying out the investigative act, in particular the costs of witnesses, experts or interpreters, must be reimbursed.
This law will enter into force on a date to be determined by Us.
Burdens and orders, which are in the State Sheet All ministerial departments, authorities, colleges and civil servants, with whom this is concerned, will keep their hands on the precise implementation.
Given at Lage Fireian, 11 December 1980
Beatrix
The Minister of Justice,
J. de Ruiter
Published in the 19th of December 1980The Minister of Justice,
J. de Ruiter
