Update from The Hague: Special Commission on the Practical Operation of the Service, Evidence and Access to Justice Conventions

Update: As previously reported,  the Hague Conference on Private International Law is holding a Special Commission meeting on the Service, Evidence and Access to Justice Conventions. At Letters Blogatory, Ted Folkman has now posted his comments of days three and four of the proceedings in The Hague.

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The Hague: Special Commission on the Practical Operation of the Service, Evidence and Access to Justice Conventions

This week, the Hague Conference on Private International Law is holding a meeting of the Special Commission on the Practical Operation of the Service, Evidence and Access to Justice Conventions. At Letters Blogatory, Ted Folkman is reporting live as events unfold. The Hague Conventions of course are central to many elements of cross-border litigation, and Ted covers what changes are being discussed.

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Pre-Trial Discovery under the Hague Evidence Convention: Is Germany’s Position Softening?

A recent Frankfurt case raises this issue: Germany has declared  ”that it will not execute Letters of Request issued for the purpose of obtaining pre-trial discovery of documents as known in Common Law countries”, in accordance with Art. 23 of the Hague Convention on Taking of Evidence Abroad in Civil or Commercial Matters. This notwithstanding, the President of the Frankfurt Court of Appeals (Präsident des Oberlandesgerichts), accepted a request for pre-trial discovery of documents from California.

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Compelling German Third-party Witnesses to Testify in US Litigation

In U.S.-German disputes, the question often arises whether a party in U.S.litigation can compel a third-party witness who is a German resident and does not volunteer to testify to render testimony as part of the pre-trial deposition discovery in the U.S.proceedings. In short, the answer is yes. Continue reading

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