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Agreement Between Norway And The United Kingdom Regarding The Civile Proceedings

Original Language Title: Overenskomst mellem Norge og Storbritannia angÄende den civile rettergang

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Overall, the Overt Mellem Norway and the United Kingdom regarding the civile trial.

Date LOL-1931-01-30
Ministry of The Justis and the Department of Emergency
Last modified
Published
Istrontrecation 07.09.1931
Changing
Announcement
Card title The afternoon agreement with the United Kingdom.

Capital overview :

The agreement signed in London 30 jan 1931, was ratified for Norway's person on 3 July 1931 and the ratification documents then exchanged in London 7 aug 1931. The overdrive stepped in effect 7 sep 1931 (jf. Article 13)-Jof. of agreement 12 June 1961.

The British Ambassador of Oslo has in note to the Norwegian Secretary of State of 30 sep 1931 co-The agreement that the agreement was outstretched to also apply Northern Ireland and Scotland of the Commencement of these countries from 30 oct 1931 overcurating with the agreement's species. 14 (b).

The petition of discourse or judicial modes will be to overpass "The Registrar of the Supreme Court of the Supreme Court of Northern Ireland" for the Northern Ireland person, and "The Crown Agent that Edinburgh" for the Scotland's person. The English language stays in both case to take advantage of the news and translations.

In another note of the same day, the British Messenger has announced that in requests for evidence of evidence in Scotland outgoing from Norwegian authorities should the Scottish designation "pursus," defects, "advocate" [ and "law agent" ] uses instead of those equivalent English designation "plastics", "defective," barriers, and "solicitor". Jof. skr. 12 Feb 1934

See skr. 18 des 1931 and 9 jan 1932 about expansion of the agreement to British colonies, protectorate and territories, skr. 25 jan 1932 ang New Zealand, skr. 22 April 1933 ang Syd-Rhodesia, skr. 6 oct 1933 ang Australia, skr. 26 Sep 1934 ang New Foundland, skr. 10 April 1935 ang The Channel Islands and Man, skr. 20 July and 14 des 1935 ang Canada. -For as far as the former British colonies who have become self-employed, the agreement now applies in the relationship between Norway and the following states : Kenya (noting 17 corn/28 March 1965), Swaziland (noting 3 sep/23 oct 1970), Fiji (noting 20 oct/31 jan 1972), Lesotho (noting 7 jan / 27 July 1972). The Convention is considered to be in effect between Norway and Malta, between Norway and the Bahamas (1977) and between Norway and Dominica (1987).

In, introduction. Art 1. (a) This convention comes only to the Applicability of the civile and commercial cases, therein inauthored cases wherein it has not been shown.
(b) In this convention, the words "one (or the other) harvest the territory" interprets that comprehensive the territory that at all times belong to a such harvest party as the Convention on which the Convention is given.
II. The cynicism of judical and additional-judical documents. Art 2.When judicative or extrajudical documents that are op-pointed at the one of the eae contrasts territory, desired recited to people, companies, corporations, organisations or other corporations on the other harvest of the far-right couple territory, can then form documents be proclaimed for the recipient, without regard to his nationality, in the way that is being renegotiated in Article 3. Art 3. (a) A diplomatic or consular official for the ever-to-be-based party from whose territory the documents to be proclaimed, outgoes, shall be written the request of the discourse of the competent authority in the country where the documents should The preaching, with the petition that mentioned the authority of the government to anchor the documents recited. The petition shall of the mentioned diplomatic or consular official are sent the authority of the authority.
(b) The petition for discourse shall be authored in the country's spand, where the preaching is to be committed.

The cynicism should describe the parties and indicate their full name, describe the recipient and specifying his full name and address and the taxable device of the document to be proclaimed, as well as be attached in the duplo de documents to be proclaimed.

(c) The document to be proclaimed shall either be deauthored in the country's spand, where it shall be proclaimed, or be accompanied by a translation to the mentioned spand. The translation of the translation shall be confirmed by a diplomatic or consular official for the ever-held party from whose territory the documents outpass or by an sworn translator in one of the two respective countries.
(d) The petition for the discourse shall be corrected and sent :

In Norway to the herds or the city court in the jurisdiction of the jurisdiction where the preaching is to be committed.

In England to "the Senior Master of the Supreme Court of the Supreme Court of the Supreme Court."

If the authority of whom a preaching petition has been submitted, is not competent to conduct the preaching, the authority of the embeds should be said to the authority of the empower of the competent authority in the same state.

(e) The cynicism shall be committed by the competent authority in the country where the document is to be proclaimed. The document is preaching in the manner prescribed in this country for the discourse of similar documents, the co-less preaching the petition had to express the desire for a special preaching manner. This preaching way should in so far be followed for as far as it is not incompatible with the country's law.
(f) When the petition for discourse has been conveyed to the changing provisions of this article, the execution shall not be able to be denied meless (1) preaching authenticity is not well-made or (2) the herie contratheran party on whose territory it is to be committed believes that the commitment of the message of the preaching would do procedures in its sovereignty or security.
(g) The authority that performs the message of the preaching shall be completed a beviet of the message of the preaching or for the reason that has been to the hurdle of it. The Beyond shall provide optics on the way and the day that the preaching or the attempted discourse has been issued and shall be submitted to the diplomatic or consular official that has conveyed the petition of discourse. The message of the message of discourse or attempted the discourse shall be inflicted on one copy or attached to this.
Art 4. (a) The regulations of the articles 2 and 3 should not be to the hurdle for judical or extrajudical documents that are outset on the one-right-party territory, to be proclaimed on the other ever-ever-right-party territory without the The inquiry to or the mellememin of this country's authorities in one of the following ways :
(1) The cynicism of a diplomatic or consular representative of the herie contrasts party from whose territory the document outgoes,
(2) The cynicism of a representative as to that purpose is op-mentioned either by the judical authority that seeks the discourse of the document, or by the party on whose petition the document blister the outset ;
(3) ennazm the post ;
(4) Any other message of preaching, which on the message of the state of the law in the land of which the document outgoes.
(b) It is implied that the validity and impact of a such discourse is to judge by the far-right parters courts in accordance with their own country's law.
(c) The couritherend parties agree that it in principle is desirable that documents that be proclaimed in one of these ways, either authored in the country's spand, where the message is to be performed, or accompanied by a translation into this spand-with less the counter-taker is the far-right counterpart's subject from whose territory the document is to be proclaimed, outgoes. When their country's respective laws do not have regulations that prescribe translations in such a case, they assume the eae contrathersome parties, however, no obligation in this regard.
Art 5. (a) When documents have been proclaimed overdoing with the regulations of art. 3. shall the ever-hear-to-hear party whose diplomatic or consular official has conveyed the preaching petition, making amends the second earthing counterend party those fees and expenses as by the law of the country where the preaching is committed, shall is paid to the persons employed to provide the preaching, and the fees and expenses incurred by the message of the preaching. These fees and expenses should not be earners than those in mentioned countries usually apply.
(b) Allowance for these fees and expenses shall be the competent authority that has committed the preaching, when it sends it in Article 3 (g) reservist, demanding the diplomatic or consular official that has conveyed the motion.
(c) Apart from what above is determined, the one-ever-to-hear shall not pay the other any tax on the occasion of the discourse of documents.
LII. Evidence of evidence. Art 6.When a juditist authority on the one of the coursefire parters territory desires the evidence-proof of the second-to-end party's territory, such evidence can be done on it in Article 7 described manner. The evidence of the evidence is relegation, identification and examination of documents. Art 7. (a) The judical authority that seeks the evidence of evidence, could be overtaking with its own law regulations addressing the competent authority of the competent authority in the country where the evidence of evidence is taking place, and the requesters it mentioned The authority to conduct the evidence of the evidence.
(b) The correction shall be authored in the country's spand, where the evidence of the evidence is to be taken or be accompanied by a translation into this spand. The translation of the translation shall be confirmed by a diplomatic or consular official for the ever-held party whose judicious authority is citing the motion, or by an sworn translator in one of the two respective countries. The trial of the trial shall indicate the species of that matter, wherein the evidence of evidence, the couple's full name and description of the wide and the wide names and address of the above. It shall also be accompanied by a list of the questions to be conveyed to the wide or viability, and a translation whose wealth is confirmed in the above indicated manner, or contain tentative instructions or oplylations regarding those relationships with which evidence is desired, or instead contain the motion of the competent authority to allow the oral-to-face question that the parties or their representative wishes to provide.
(c) Fix modes shall be passed :

In Norway, by a British diplomatic or consular official, to the herdams or the city court in the jurisdiction of the jurisdiction where the evidence of the evidence is to be taken.

In England by a Norwegian diplomatic or consular official to "the Senior Master of the Supreme Court of the Supreme Court of the National Security."

In the case of that authority to whom the judicial modus has been oversubmitted, not competent to efforage it shall be mentioned without any further motion to submit the judicial modus to its own country's competent authority.

(d) The competent authority that the judicial maturity has been oversubmitted or forwarded to, shall take it to follow and conduct the desired evidence assumption under the Applicability of the same coercion and the same approach that uses for the execution of a The petition there outgoes from the government in its own country. If that in court maturity is pronounced desire that a special approach should be followed, however, this approach should so be used as far as it would have to be consistent with the law in the land where the evidence of the evidence is to be taken.
(e) The diplomatic or consular official as the court of justice has been oversubmitted resettlement of the day and place of the judicial action, for him to inform the interested party or interested parties, which shall have the right to be present personally or to be represented if they wish.
(f) Eftercommodation of the court modal can only be denied :
(1) Unless the court's authenticity is not well-made.
(2) As long as the execution of the person court modal does not part under the judgements of the judgements in the country where the evidence of the evidence is to be taken.
(3) As long as the ever-ever-ever-hear party on whose territory evidence is going to take place, believes that the willingness to do intervening in its sovereignty or security.
(g) In any case where the judicial maturity of the authority of the authority to whom it is aimed, this immediately shall inform the diplomatic or consular official as it has been submitted reiteration, with oplyreading about the reasons for the reasons for the effortification of the judicial maturity has declined or with the indication of the judicial authority on which it has been overshipped.
Art 8. (a) The regulations of the articles 6 or 7 are not of the hurdles of evidence as being desired by a juditist authority on the one-right-party territory, optas on the person's territory without the inquiry to or mellememmeld The government of the country where the wide explanation is optas, using a person who has the terms and conditions of the rule of the law in the land whose court has desired the evidence of evidence. The mentioned person may be a diplomatic or consular official for the ruling party whose court wishes the wide explanation, or any other fit person who opmentions directly for the occasion.
(b) It is implied that where in the preceding paragraph recommerce form of the evidence of evidence uses, it must be completely voluntary and there cannot be used any kind of forced measures, as it will hear during the harvest of the courseparters respective courts overestimate with their own country's law to determine whether a thus-made evidence can be allowed to be used.
Art 9.The circumstance that an attempt to conduct evidence of it in Article 8 rehand has been resulting from a wide-wide decline to meet, making explanation or proponently of documents, is not an obstacle to that where later motion overconsistency with Article 7. Art 10. (a) When evidence is going on on it in Article 7 recommerce way, the ever-ever-led party whose judicious authority has protested the trial of the court, to make amends to the other earthy party de expenses as the latter's competent The authority by efterming the motion has had for fees and expenses to wide, case-savvy, interpreters or transslations, charges by representation of vivitals that have not met voluntarily, and fees and expenses of persons as of the person The authority has been opmentioned to opwood in cases where their own country's law places that this is happening, as well as fees and expenses that are incurred because a particularly approach has been requested and has been followed. The expenditure should be the same as usual for similar cases in the country where the evidence assumption has taken place.
(b) Requirement of the allowance of these expenses will be of the competent authority that has carried out the judicial modus, when the documents in the case of the case of resettlement, to provide for the diplomatic or consular official who have oversubmitted the documents.
(c) Apart from what above is determined, the one-ever-hear shall not pay the other any tax on the occasion of the evidence assumption.
TWELVE. Procession of uninhalation, incarceration for debt and safety measures for the cost of the Art 111.The one-hear-to-end couple's subjects are going on the other harvest of the full same treatment as the latter couple's own subjects for as far as free legal aid for poor and imprisonment for debt ; and assuming they are living within one of these territories, they shall not be obliged to silence security for sakasdiments in any case where the second ever-ever-ever-ever-related couple's own subjects do not want to have a duty to it.
V. Almintible regulations.