Gathering Evidence in Aid of Foreign Litigation Guide |
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Taiwan |
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| (Asia Pacific) Firm Tsar & Tsai Law Firm Updated 16 Mar 2022 | |
| Does your jurisdiction permit gathering evidence in aid of foreign litigation? | Yes. |
| Is your jurisdiction a party to the Hague Evidence Convention? Are there other statutory requirements for obtaining evidence in aid of foreign litigation? Please indicate the relevant statutes. | Taiwan is not a party to the Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters (the “Hague Evidence Convention”). If a party is to seek Taiwan courts’ assistance in gathering evidence for foreign criminal litigation, the Mutual Legal Assistance in Criminal Matters Act of Taiwan, The Law in Supporting Foreign Courtson Consigned Case and the treaties that Taiwan signed with different countries for mutual legal assistance will apply. If a party is to seek Taiwan courts’ assistance in gathering evidence for foreign civil litigation, The Law in Supporting Foreign Courtson Consigned Case and the treaties that Taiwan signed with different countries for mutual legal assistance will apply. |
| Do requests for gathering evidence require approval by a court or administrative body? Please indicate the appropriate forum for making such requests. | Requests for gathering evidence require approval by a court (or by a prosecutor’s office if it is for a criminal case and the evidence to be gathered is not in the possession of the courts). |
| What types of information can be sought? Requests for Documents? Written questions? Depositions? | Requests for documents, written answers to questions, depositions, live testimonies etc. can be sought. |
| Who bears the burden of showing whether any privileges apply? | The party who is requested by Taiwan courts to provide evidence, documents, live testimonies, etc. per a request made through mutual legal assistance bears the burden. |
| Does there need to be any showing that the information sought is allowable in the foreign jurisdiction in which the action is pending? | No. |
| If your jurisdiction allows depositions, may they be conducted remotely (by videoconference, Zoom etc.) | There is no “deposition” under Taiwanese laws, but Taiwan courts may obtain live testimonies from witnesses if a request for such is made through the mutual legal assistance system. The witnesses are allowed to testify remotely. |
| Has your jurisdiction adopted any “blocking statutes” that limit the extent to which residents in your jurisdiction may give evidence in a foreign court’s civil or criminal proceedings? | No. |
| May citizens residing in your jurisdiction voluntarily give evidence in a foreign proceeding? If not, what procedure must be followed before they can give evidence? If such restrictions exist, are they enforced in practice? | Yes. |
| Would your answers differ materially if the foreign proceeding is arbitration, and if so how? | Except for our response to "Has your jurisdiction adopted any “blocking statutes” that limit the extent to which residents in your jurisdiction may give evidence in a foreign court’s civil or criminal proceedings?" and "May citizens residing in your jurisdiction voluntarily give evidence in a foreign proceeding? If not, what procedure must be followed before they can give evidence? If such restrictions exist, are they enforced in practice?", our answers to other questions are preconditioned that the foreign proceeding is a court proceeding and does not apply to foreign arbitration. |
Gathering Evidence in Aid of Foreign Litigation Guide
Yes.
Taiwan is not a party to the Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters (the “Hague Evidence Convention”). If a party is to seek Taiwan courts’ assistance in gathering evidence for foreign criminal litigation, the Mutual Legal Assistance in Criminal Matters Act of Taiwan, The Law in Supporting Foreign Courtson Consigned Case and the treaties that Taiwan signed with different countries for mutual legal assistance will apply.
If a party is to seek Taiwan courts’ assistance in gathering evidence for foreign civil litigation, The Law in Supporting Foreign Courtson Consigned Case and the treaties that Taiwan signed with different countries for mutual legal assistance will apply.
Requests for gathering evidence require approval by a court (or by a prosecutor’s office if it is for a criminal case and the evidence to be gathered is not in the possession of the courts).
Requests for documents, written answers to questions, depositions, live testimonies etc. can be sought.
The party who is requested by Taiwan courts to provide evidence, documents, live testimonies, etc. per a request made through mutual legal assistance bears the burden.
No.
There is no “deposition” under Taiwanese laws, but Taiwan courts may obtain live testimonies from witnesses if a request for such is made through the mutual legal assistance system. The witnesses are allowed to testify remotely.
No.
Yes.
Except for our response to "Has your jurisdiction adopted any “blocking statutes” that limit the extent to which residents in your jurisdiction may give evidence in a foreign court’s civil or criminal proceedings?" and "May citizens residing in your jurisdiction voluntarily give evidence in a foreign proceeding? If not, what procedure must be followed before they can give evidence? If such restrictions exist, are they enforced in practice?", our answers to other questions are preconditioned that the foreign proceeding is a court proceeding and does not apply to foreign arbitration.