Gathering Evidence in Aid of Foreign Litigation Guide |
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Latvia |
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(Europe)
Firm
Ellex Klavins
Contributors
Daiga Zivtina |
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| Does your jurisdiction permit gathering evidence in aid of foreign litigation? | Yes, the Latvian law permits the gathering of evidence in aid of foreign litigation in civil, commercial or criminal cases. |
| 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. | Latvia is a party to the Hague Evidence Convention since March 19, 2009. In addition, the Latvian Civil procedure Law regulates the gathering of evidence for foreign legal proceedings. Between EU member states the Council Regulation (EC) 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 applicable. The requirements that shall be observed are prescribed either by the legal acts of the European Union or international agreements. |
| Do requests for gathering evidence require approval by a court or administrative body? Please indicate the appropriate forum for making such requests. | According to the Latvian Civil Procedure Law if the request for the gathering of evidence is made in accordance with EU regulation No. 1206/2001 on cooperation between the courts of the member states in the taking of evidence in civil or commercial matters, then the request on the gathering of evidence is decided by the district court of the territory where the specific evidence is located. In other cases, the Ministry of Justice of the Republic of Latvia decides on the received foreign request for the gathering of evidence if it is made on the basis of an international agreement (for example the Hague Evidence Convention) or in absence of mutually binding agreement between Latvia and the specific country about cooperation in evidence gathering. |
| What types of information can be sought? Requests for Documents? Written questions? Depositions? | A broad spectrum of information can be sought (including requests to provide documents, and questioning of witnesses) as long as they can be enforced in accordance with the procedures laid down in the Latvian Civil Procedure Law. |
| Who bears the burden of showing whether any privileges apply? | There is no specific regulation on the burden of proof showing whether any privileges apply. It is the task of the national courts to conclude whether any privileges apply in the specific case. The court explains to the witnesses their rights to refuse to testify according to the Latvian Civil Procedure Law. It is an obligation of the court to identify if there are any grounds why the person cannot be called as a witness to testify. |
| Does there need to be any showing that the information sought is allowable in the foreign jurisdiction in which the action is pending? | Yes, there must be a legal basis for any request made for evidence gathering. Usually, it is included in the reasoning of the foreign court or pubic institution requesting the court of other jurisdiction to gather evidence for the foreign legal proceedings. |
| If your jurisdiction allows depositions, may they be conducted remotely (by videoconference, Zoom etc.) | According to the Latvian Civil Procedural Law, the court can summon the witnesses to testify in the courtroom or remotely by videoconference. In the case of a videoconference, it is a practical matter of ensuring technical compatibility between both state authorities. |
| 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? | Our jurisdiction has not adopted any specific “Blocking Statutes” preventing residents in our jurisdiction to give evidence in a foreign court’s civil or criminal proceedings. |
| 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? | In our jurisdiction citizens are free to give evidence in a foreign proceeding if such a request is made and such actions do not violate general regulatory acts regarding data, privacy protection, commercial secrets, etc. |
| Would your answers differ materially if the foreign proceeding is arbitration, and if so how? | The answers differ materially if the foreign proceedings are arbitration as the Latvian laws regulate only the collection of evidence requested by the public authorities of foreign jurisdictions. The same approach could be in case an arbitration court of foreign jurisdiction can ask for legal assistance through its state institutions or court. |
Gathering Evidence in Aid of Foreign Litigation Guide
Yes, the Latvian law permits the gathering of evidence in aid of foreign litigation in civil, commercial or criminal cases.
Latvia is a party to the Hague Evidence Convention since March 19, 2009.
In addition, the Latvian Civil procedure Law regulates the gathering of evidence for foreign legal proceedings. Between EU member states the Council Regulation (EC) 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 applicable.
The requirements that shall be observed are prescribed either by the legal acts of the European Union or international agreements.
According to the Latvian Civil Procedure Law if the request for the gathering of evidence is made in accordance with EU regulation No. 1206/2001 on cooperation between the courts of the member states in the taking of evidence in civil or commercial matters, then the request on the gathering of evidence is decided by the district court of the territory where the specific evidence is located.
In other cases, the Ministry of Justice of the Republic of Latvia decides on the received foreign request for the gathering of evidence if it is made on the basis of an international agreement (for example the Hague Evidence Convention) or in absence of mutually binding agreement between Latvia and the specific country about cooperation in evidence gathering.
A broad spectrum of information can be sought (including requests to provide documents, and questioning of witnesses) as long as they can be enforced in accordance with the procedures laid down in the Latvian Civil Procedure Law.
There is no specific regulation on the burden of proof showing whether any privileges apply. It is the task of the national courts to conclude whether any privileges apply in the specific case. The court explains to the witnesses their rights to refuse to testify according to the Latvian Civil Procedure Law. It is an obligation of the court to identify if there are any grounds why the person cannot be called as a witness to testify.
Yes, there must be a legal basis for any request made for evidence gathering. Usually, it is included in the reasoning of the foreign court or pubic institution requesting the court of other jurisdiction to gather evidence for the foreign legal proceedings.
According to the Latvian Civil Procedural Law, the court can summon the witnesses to testify in the courtroom or remotely by videoconference. In the case of a videoconference, it is a practical matter of ensuring technical compatibility between both state authorities.
Our jurisdiction has not adopted any specific “Blocking Statutes” preventing residents in our jurisdiction to give evidence in a foreign court’s civil or criminal proceedings.
In our jurisdiction citizens are free to give evidence in a foreign proceeding if such a request is made and such actions do not violate general regulatory acts regarding data, privacy protection, commercial secrets, etc.
The answers differ materially if the foreign proceedings are arbitration as the Latvian laws regulate only the collection of evidence requested by the public authorities of foreign jurisdictions. The same approach could be in case an arbitration court of foreign jurisdiction can ask for legal assistance through its state institutions or court.