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Hague Evidence Convention

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Title: Hague Evidence Convention  
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Subject: Evidence law, Central Authority, Evidence (Proceedings in other Jurisdictions) Act 1975, International litigation, Evidence Regulation
Collection: 1970 in the Netherlands, 20Th Century in the Hague, Evidence Law, Hague Conference on Private International Law Conventions, Treaties Concluded in 1970, Treaties Entered Into Force in 1972, Treaties Extended to Akrotiri and Dhekelia, Treaties Extended to Anguilla, Treaties Extended to Aruba, Treaties Extended to Ashmore and Cartier Islands, Treaties Extended to British Hong Kong, Treaties Extended to Christmas Island, Treaties Extended to Cocos (Keeling) Islands, Treaties Extended to Gibraltar, Treaties Extended to Guam, Treaties Extended to Guernsey, Treaties Extended to Heard Island and McDonald Islands, Treaties Extended to Jersey, Treaties Extended to Norfolk Island, Treaties Extended to Portuguese MacAu, Treaties Extended to Puerto Rico, Treaties Extended to South Georgia and the South Sandwich Islands, Treaties Extended to the Australian Antarctic Territory, Treaties Extended to the Cayman Islands, Treaties Extended to the Coral Sea Islands, Treaties Extended to the Falkland Islands, Treaties Extended to the Isle of Man, Treaties Extended to the United States Virgin Islands, Treaties Extended to West Berlin, Treaties of Albania, Treaties of Argentina, Treaties of Armenia, Treaties of Australia, Treaties of Barbados, Treaties of Belarus, Treaties of Bosnia and Herzegovina, Treaties of Brazil, Treaties of Bulgaria, Treaties of Colombia, Treaties of Croatia, Treaties of Cyprus, Treaties of Czechoslovakia, Treaties of Denmark, Treaties of Estonia, Treaties of Finland, Treaties of France, Treaties of Greece, Treaties of Hungary, Treaties of Iceland, Treaties of India, Treaties of Israel, Treaties of Italy, Treaties of Kuwait, Treaties of Latvia, Treaties of Liechtenstein, Treaties of Lithuania, Treaties of Luxembourg, Treaties of Malta, Treaties of Mexico, Treaties of Monaco, Treaties of Montenegro, Treaties of Morocco, Treaties of Norway, Treaties of Poland, Treaties of Portugal, Treaties of Romania, Treaties of Russia, Treaties of Serbia, Treaties of Seychelles, Treaties of Singapore, Treaties of Slovakia, Treaties of Slovenia, Treaties of South Africa, Treaties of South Korea, Treaties of Spain, Treaties of Sri Lanka, Treaties of Sweden, Treaties of Switzerland, Treaties of the Czech Republic, Treaties of the Netherlands, Treaties of the People's Republic of China, Treaties of the Republic of MacEdonia, Treaties of the United Kingdom, Treaties of the United States, Treaties of Turkey, Treaties of Ukraine, Treaties of Venezuela, Treaties of West Germany
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Hague Evidence Convention

Hague Evidence Convention
Convention on the Taking of Evidence Abroad in Civil or Commercial Matters
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States parties to the convention by year of ratifications: green: '70, light blue: '80, blue '90, pink '00, red '10
Signed 18 March 1970
Location The Netherlands
Effective 7 October 1972
Condition ratification by 3 states[1]
Parties 58
Depositary Ministry of Foreign Affairs (Netherlands)
Languages French and English
Convention on the Taking of Evidence Abroad in Civil or Commercial Matters at Wikisource

The Convention on the Taking of Evidence Abroad in Civil or Commercial Matters -- more commonly referred to as the Hague Evidence Convention, is a multilateral treaty which was drafted under the auspices of the Hague Conference on Private International Law. The treaty was negotiated in 1967 and 1968 and signed in The Hague on 18 March 1970. It entered into force in 1972. It allows transmission of letters of request (letters rogatory) from one signatory state (where the evidence is sought) to another signatory state (where the evidence is located) without recourse to consular and diplomatic channels.[2] Inside the US, obtaining evidence under the Evidence Convention can be compared to "comity".[3]

The Hague Evidence Convention was not the first convention to address the transmission of evidence from one state to another. The 1905 Civil Procedure Convention — also signed in The Hague — contained provisions dealing with the transmission of evidence. However, that earlier convention did not command wide support and was only ratified by 22 countries. The United States initiated the negotiations that led to the creation of the Hague Evidence Convention. However, insofar as requests to United States courts are concerned, parties may also use the simpler discovery provision codified at 28 U.S.C. § 1782 (see Section 1782 Discovery).

Between states of the European Union, the Hague Evidence Convention has largely been supplanted by Council Regulation (EC) No. 1206/2001 on Cooperation Between the Courts of the Member States in the Taking of Evidence in Civil or Commercial Matters.

Parties to the Hague Evidence Convention

Countries that ratified
(cumulative by year)

As of October 2015, there are 58 states which are parties of the Hague Evidence Convention. Fifty-two of the Hague Conference on Private International Law member states are party to the Hague Service Convention. In addition, five states that are not members of the Hague Conference (Barbados, Colombia, Kuwait, Liechtenstein, and Seychelles) have joined the Hague Service Convention. Article 39 of the Hague Evidence Convention expressly permits states which are not members of the Hague Conference on Private International Law to accede to the Convention.

References

  1. ^ "20: Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters".  
  2. ^ http://www.law.unc.edu/journals/ncilj/issues/volume40/issue-3-spring-2015/the-hague-convention-a-medium-for-international-discovery/ Retrieved 15 February 2015.
  3. ^ http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2564797

External links

  • Hague Evidence Convention at the Hague Conference website
  • Ratifications
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