Hague Evidence Convention
Convention on the Taking of Evidence Abroad in Civil or Commercial Matters | |
---|---|
Signed | 18 March 1970 |
Location | The Netherlands |
Effective | 7 October 1972 |
Condition | ratification by 3 states[1] |
Parties | 59 |
Depositary | Ministry of Foreign Affairs (Netherlands) |
Languages | French and English |
Full text | |
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 (HCPIL). 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.[citation needed] 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
As of 2016, there are 59 states which are parties of the Hague Evidence Convention. Fifty-four of the HCPIL member states are party to the Hague Evidence Convention. In addition, five states that are not members of the HCPIL (Barbados, Colombia, Kuwait, Liechtenstein, and Seychelles) have joined the Hague Evidence Convention. Article 39 of the Hague Evidence Convention expressly permits states which are not members of the HCPIL to accede to the Convention.
|
|
References
- ^ "20: Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters". Hague Conference on Private International Law. Retrieved 13 January 2012.
- ^ 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.
- ^ http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2564797
External links
- Treaties concluded in 1970
- Treaties entered into force in 1972
- Hague Conference on Private International Law conventions
- Evidence law
- Treaties of Albania
- Treaties of Argentina
- Treaties of Australia
- Treaties of Barbados
- Treaties of Belarus
- Treaties of Bosnia and Herzegovina
- Treaties of Brazil
- Treaties of Bulgaria
- Treaties of the People's Republic of China
- Treaties of Cyprus
- Treaties of Colombia
- Treaties of Costa Rica
- Treaties of Croatia
- Treaties of the Czech Republic
- Treaties of Czechoslovakia
- Treaties of Denmark
- Treaties of Estonia
- Treaties of Finland
- Treaties of France
- Treaties of West Germany
- 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 the Republic of Macedonia
- Treaties of Malta
- Treaties of Montenegro
- Treaties of Mexico
- Treaties of Morocco
- Treaties of Monaco
- Treaties of the Netherlands
- Treaties of Norway
- Treaties of Poland
- Treaties of Portugal
- Treaties of Romania
- Treaties of Russia
- Treaties of Serbia
- Treaties of Seychelles
- 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 Turkey
- Treaties of Ukraine
- Treaties of the United Kingdom
- Treaties of the United States
- Treaties of Venezuela
- Treaties of Singapore
- Treaties of Armenia
- 1970 in the Netherlands
- Treaties extended to Ashmore and Cartier Islands
- Treaties extended to the Australian Antarctic Territory
- Treaties extended to Christmas Island
- Treaties extended to the Cocos (Keeling) Islands
- Treaties extended to Heard Island and McDonald Islands
- Treaties extended to Norfolk Island
- Treaties extended to Aruba
- Treaties extended to Akrotiri and Dhekelia
- Treaties extended to Anguilla
- Treaties extended to the Cayman Islands
- Treaties extended to the Falkland Islands
- Treaties extended to Gibraltar
- Treaties extended to Guernsey
- Treaties extended to the Isle of Man
- Treaties extended to Jersey
- Treaties extended to Guam
- Treaties extended to Puerto Rico
- Treaties extended to the United States Virgin Islands
- Treaties extended to the Coral Sea Islands
- Treaties extended to South Georgia and the South Sandwich Islands
- Treaties extended to Portuguese Macau
- Treaties extended to British Hong Kong
- Treaties extended to West Berlin
- 20th century in The Hague
- Judicial cooperation