Hague Evidence Convention
- Hague Evidence Convention
The Hague Evidence Convention, or the Convention on the Taking of Evidence Abroad in Civil or Commercial Matters, is a multilateral treaty signed in The Hague on 18 March 1970 by the members of the Hague Conference on Private International Law. It allows transmission of Letters of Request (similar to Letters Rogatory) for the purpose of obtaining evidence from one signatory state to another without recourse to consular and diplomatic channels.
The Hague Evidence Convention was not the first Convention to tackle the issue of taking of evidence between states, the 1905 Civil Procedure Convention — also signed in The Hague — contained clauses dealing with taking of evidence. That earlier convention did not command wide support and was only ratified by 22 countries.
Other similar treaties to the Hague Evidence Convention include the Inter-American Convention and Council Regulation (EC) No. 1206/2001.
Insofar as requests "to" United States courts are concerned, the use of the Hague Evidence Convention has been replaced in large part by applications under 28 U.S.C. section 1782, or Section 1782 Discovery.
The United States was the country that initiated the negotiations that led to the signing of the Hague Evidence Convention.
External links
* [http://www.hcch.net/index_en.php?act=conventions.text&cid=82 Hague Evidence Convention at the Hague Conference website]
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