Obtaining evidence—Taking of Evidence Regulation (evidence from EU Member States)
Obtaining evidence—Taking of Evidence Regulation (evidence from 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 from EU Member States)
  • Coronavirus (COVID-19) considerations
  • Regulations and rules
  • The request—application to English court
  • The request—issue
  • The request—transmission and acceptance
  • The request—grounds for refusal
  • The request—performance
  • Recast of the Taking of Evidence regulation
  • Background

This Practice Note is for use when applying for the taking of evidence 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 an EU Member State for use in UK proceedings, this may be affected by the impact of coronoavirus on the availability of the courts of all EU Member States. For guidance, see: Coronavirus (COVID-19) considerations below. For news and other resources to assist general dispute resolution practitioners working in the civil courts to understand and stay ahead of fast-moving changes in the

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