Obtaining evidence—Taking of Evidence Regulation (evidence for use in EU Member States)

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Obtaining evidence—Taking of Evidence Regulation (evidence for use in EU Member States)
  • Coronavirus (COVID-19) considerations
  • Regulations and rules
  • The request—application to EU Member State court
  • The request—transmission and acceptance
  • The request—application
  • The request—grounds for refusal
  • Conducting examination of a witness to obtain evidence
  • Requested court takes evidence
  • Requesting court takes evidence
  • More...

Obtaining evidence—Taking of Evidence Regulation (evidence for use in EU Member States)

This Practice Note is for use when applying for evidence to be taken in the courts of England and Wales for use in an EU Member State where the transitional provisions for taking of evidence set out Article 68(b) of the Withdrawal Agreement have been met prior to IP completion day (31 December 2020).

For guidance on the transitional provisions to determine whether they have been met, see Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners including, in particular, main section: Taking of evidence.

Where the transitional provisions apply, the rules and practice direction in force immediately before implementation day (ie 30 December 2020 at 11 pm) will continue to be applied. In this Practice Note these are referred to as old Part 34 and old practice direction 34A. For guidance, see Practice Note: Brexit post implementation period—CPR changes, in particular, main section: Part 34—Witnesses, depositions and evidence for foreign courts. Copies of the old rule and practice direction are available here:

Coronavirus (COVID-19): If making an application to obtain evidence, from the UK for use in proceedings in an EU Member State, this may be affected by the impact of coronavirus (COVID-19) on the availability of all EU Member State courts. For guidance, see: Coronavirus (COVID-19) considerations below. For news and other resources

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