Method Of Obtaining Evidence In Ireland

Obtaining Evidence In Ireland For Use In Foreign Proceedings

Due to the increase in global trade and international commercial transactions it has become increasingly evident that important evidence required for proceedings outside of Ireland will often be located in Ireland.

While depositions can be taken and documentary evidence collected from any persons willing to appear voluntarily, the situation is different when dealing with people whom are not willing to provide evidence voluntarily.

The Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters (the "Hague Convention") makes provision for the obtaining of evidence in one State in respect of proceedings in another state, however, Ireland is not a signatory party to the Hague Convention and the Irish Courts do not have jurisdiction to entertain applications pursuant to the Hague Convention.

However, the Irish High Court has the power to give effect to the request of a foreign court to assist in obtaining evidence in Ireland for use in foreign proceedings

The procedure governing the taking of evidence in civil or commercial matters to courts in the European Union (except Denmark) is governed 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 (the "Evidence Regulation") which became directly applicable in Ireland on 1st January 2004 and has been followed by the Rules of the Superior Courts (Evidence) 2007, which officially commenced the operation of the Regulation and European Communities (Evidence in Civil or Commercial Matters) Regulations 2008, which specify the District Court as competent to take evidence under the Evidence Regulation.

The procedure governing the taking evidence in respect of proceedings issued outside the European Union falls to be dealt the Foreign Tribunals Evidence Act 1856 ("the 1856 Act") and Order 39 of the Rules of the Superior Courts.

The Evidence Regulation

The Evidence Regulation governs judicial cooperation between the courts of the Member States in the taking of evidence in civil and commercial matters. It allows the taking of evidence from one member state to another, without recourse to consular and diplomatic channels.

This Regulation enables a simplified route by allowing direct contract between the courts in the member states.

If a party to judicial proceedings, whether anticipated or contemplated, in another...

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