Hague Evidence Convention
Encyclopedia
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
.
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, the use of the Hague Evidence Convention has been replaced in large part by the simpler discovery provision codified at 28 U.S.C. § 1782 (see Section 1782 Discovery
).
In 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.
Hague Conference on Private International Law
The Hague Conference on Private International Law is the preeminent organisation in the area of private international law....
. The treaty was negotiated in 1967 and 1968 and signed in The Hague
The Hague
The Hague is the capital city of the province of South Holland in the Netherlands. With a population of 500,000 inhabitants , it is the third largest city of the Netherlands, after Amsterdam and Rotterdam...
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
Diplomacy
Diplomacy is the art and practice of conducting negotiations between representatives of groups or states...
.
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, the use of the Hague Evidence Convention has been replaced in large part by the simpler discovery provision codified at 28 U.S.C. § 1782 (see Section 1782 Discovery
Section 1782 Discovery
Section 1782 of Title 28 of the United States Code is a federal statute that allows a litigant to a legal proceeding outside the United States to apply to an American court to obtain evidence for use in the non-US proceeding...
).
In the European Union, the Hague Evidence Convention has largely been supplanted by Council Regulation (EC) No. 1206/2001
Council Regulation (EC) No. 1206/2001
Council Regulation No. 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters is a European Union regulation in the field of judicial cooperation. It allows taking of evidence from one member state to another without...
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 February 22, 2009, there are 47 states which are parties of the Hague Evidence Convention. Forty-two of the 68 Hague Conference on Private International Law member states are party to the Hague Service Convention. In addition, five states which are not members of the Hague Conference (Barbados, Kuwait, Liechtenstein, Seychelles, and Singapore) 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 acceded to the Convention.| State | Date of Ratification | State | Date of Ratification |
|---|---|---|---|
 Argentina |
08 May 1987 |  Australia |
23 October 1992 |
 Barbados |
05 March 1981 |  Belarus |
07 August 2001 |
 Bosnia and Herzegovina |
16 June 2008 |  Kingdom of Bulgaria |
23 November 1999 |
 Mainland China, People's Republic of |
08 December 1997 |  Cyprus |
13 January 1983 |
 Czech Republic |
06 February 1976 |  Denmark |
18 April 1972 |
 Estonia |
02 February 1996 |  Finland |
09 March 1976 |
 Early Modern France |
24 August 1972 |  Germany |
18 March 1970 |
 Greece |
18 January 2005 |  Hungary |
13 July 2004 |
 Iceland |
10 November 2008 |  India |
07 February 2007 |
 Israel |
11 November 1977 |  Italy |
06 February 1975 |
 Kuwait |
08 May 2002 |  Latvia |
28 March 1995 |
 Liechtenstein |
12 November 2008 |  Lithuania |
02 August 2000 |
 Luxembourg |
26 July 1977 |  Mexico |
27 July 1989 |
 Monaco |
17 January 1986 |  Netherlands |
08 April 1981 |
 Norway |
03 August 1972 |  Poland |
13 February 1996 |
 Portugal |
18 March 1970 |  Kingdom of Romania |
21 August 2003 |
 Russia |
01 May 2001 |  Seychelles |
07 January 2004 |
 Singapore |
27 October 1978 |  Slovakia |
12 May 1976 |
 Slovenia |
18 November 2000 |  South Africa |
08 July 1997 |
 Spain |
08 July 1997 |  Sri Lanka |
30 October 2000 |
 Sweden |
21 April 1975 |  Switzerland |
02 November 1994 |
 Turkey |
13 December 2000 |  Ukraine |
01 February 2001 |
| 18 March 1970 |  United States |
27 July 1970 | |
 Venezuela |
01 November 1993 |