Lawyers in Italy: taking of evidence in civil and commercial matters

Council Regulation (EC) N. 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 was adopted to improve, simplify and accelerate the cooperation between the Member States in civil and commercial trials.

It applies in Italy and all EU Member States, except Denmark (Denmark is a Member State of the 1970 Hague Convention on the taking of evidence abroad in civil or commercial matters).

The Regulation applies in civil or commercial matters when, in accordance with the provisions of the law, the judicial authority of a Member State requests that the competent judicial authority of another Member State takes some evidences, or to proceed directly to take evidence in another Member State itself.

Requests and communications must be in the official language of the Member State of the requested court.

A request may be refused only in the following cases:

- it is unrelated with the aim of Regulation (for example, when it regards criminal proceedings)
- the execution is unrelated with the functions of the judicial authority
- it is incomplete
- the person who is the recipient of a request for a hearing invokes the right or the obligation to refuse to testify
- a deposit or advance relating to the costs of consulting an expert has not been made.

In the event that a judicial authority requests to take evidence directly in another Member State, it must deposit in that State a request to the central or the competent authorities. Direct taking of evidence may only take place if it can be performed on a voluntary basis without the need for coercive measures. The request may be refused if it is contrary to the fundamental principles of the law of the State.

By Mr. Luca Santaniello
Lawyer at Santaniello & Partners

Please, see also:

Taking of Evidence abroad in civil or commercial matters: the Hague Convention of 18 March 1970

The European order for payment

European Enforcement Order

For more informations, don't hesitate to contact English speaking lawyers in Italy