In an earlier post, we looked at the possibility of compelling German third party witnesses to testify. Parties to U.S. litigation can compel third party witnesses under the Hague Evidence Convention to appear in court and testify. However, in executing a letter of request, the German courts apply their domestic rules and procedures. In general, the judge will treat the taking of evidence not any different from hearing a witness in a domestic civil litigation – and this is very different from a common law approach. Read More
Peter Bert's Blog about Litigation, Arbitration and Mediation in Germany – Art Law, Case Law, News etc.