The Regulation (EU) 2020/1783 (recast), which covers cooperation between courts in different EU countries on the taking of evidence in civil and commercial cases, provides a general legal framework for the taking of evidence in another country than that of the court. This Regulation replaces Council Regulation (EC) No 1206/2001 and comes into application on 1 July 2022. The new Regulation clarifies how to take evidence by videoconference or other distance communications technology and sets up form N in Annex I for exchange of relevant technical information. Form N shall be used for both requesting taking of evidence by videoconference and when replying positively to such request. However, each EU country has its own procedural laws in this area, so the details of the process vary according to the law of the country receiving a request for cooperation.

To make it easier for judicial authorities in different EU countries to work together and make full use of videoconferencing for the taking of evidence in another EU country, the European Judicial Network in civil and commercial matters (EJN civil) has produced a set of factsheets. These provide practical information on rules, procedures and technical facilities in different EU countries.

Please select the relevant country's flag to obtain detailed national information.

Related link

Taking evidence – notifications of the Member States and a search tool helping to identify competent court(s)/authority(ies)

1 Is it possible for evidence to be taken by videoconference either with the participation of a court in the requesting Member State or directly by a court of that Member State? If yes, what are the relevant national procedures or laws that apply?

Following an amendment to Act No 99/1963, the Code of Civil Procedure (občanský soudní řád), as amended, in effect since September 2017, the use of videoconferencing equipment in civil proceedings is governed directly by the Act. Section 102a of the Code of Civil Procedure expressly stipulates that a court may perform tasks using videoconferencing equipment at the request of a party or when it is deemed useful. Videoconferencing can be used in particular for enabling the presence of a party or an interpreter at a hearing or for examining a witness, expert or party.

The matter is further governed under Section 10a of Instruction of the Ministry of Justice No 505/2001 issuing internal and clerical rules for district, regional and high courts.

2 Are there any restrictions on the type of person who can be examined by videoconference – for example, is it only witnesses or can others such as experts or parties also be examined in this way?

The act expressly provides for the examination of witnesses, experts and parties. However, it does not in any way restrict the category of persons in advance; it is possible to link other persons to a hearing by videoconference, for example interpreters. Videoconferencing is restricted by its usefulness, or at the request of a party.

3 What restrictions, if any, are there on the type of evidence that can be obtained by videoconference?

There are no general restrictions in the text of the law. However, a restriction may ensue from the specific circumstances of a case (technical feasibility, etc.).

4 Are there any restrictions on where the person should be examined by videoconference – i.e. does it have to be in a court?

If the presiding judge (a judge sitting alone) performs tasks by videoconference, the summons must also state the place and time of the videoconference. Therefore, the use of any suitable premises for the task, for instance places where experts or witnesses are located (e.g. hospitals, laboratories), is not precluded.

However, it is important for court employees entrusted with performing such tasks by the presiding judge (a judge sitting alone) to verify the identity of the person whom the task concerns. It is envisaged that a person is usually examined at court, in prison or at healthcare facilities.

5 Is it permitted to record videoconference hearings and, if so, is the facility available?

The Act stipulates that an audio-visual recording be taken whenever a task is performed by videoconference. If a report is drawn up alongside a recording, the person whom the task concerns does not have to sign the report.

6 In what language should the hearing be conducted: (a) where requests are made under Articles 12 to 14 of the Taking of Evidence Regulation; and (b) where there is direct taking of evidence under Articles 19 to 21 of the Taking of Evidence Regulation?

If the witness does not speak the language of the proceedings, they have the right to an interpreter under Article 37(4) of Constitutional Act No 2/1993, the Charter of Fundamental Rights and Freedoms (Listina základních práv a svobod). According to Section 18(2) of the Code of Civil Procedure, the court must appoint an interpreter for any party whose first language is not Czech, whenever the need arises in the proceedings.

7 If interpreters are required, who is responsible for providing them and where should they be located (a) where requests are made under Articles 12 to 14 of the Taking of Evidence Regulation; and (b) where there is direct taking of evidence under Articles 19 to 21 of the Taking of Evidence Regulation?

According to Section 18(1) and (2) of the Code of Civil Procedure, the court is required to provide the parties with equal opportunities to exercise their rights and is required to appoint an interpreter for any party whose first language is not Czech, whenever the need arises in the proceedings.

It can be arranged for an interpreter to be present via videoconferencing equipment. It is therefore not required for the interpreter to be physically present in the same location as the person being examined.

8 What procedure applies to the arrangements for the hearing and to notify the person to be examined about the time and place (a) where requests are made under Articles 12 to 14 of the Taking of Evidence Regulation; and (b) where there is direct taking of evidence under Articles 19 to 21 of the Taking of Evidence Regulation? For both options, how much time should be allowed when arranging the date of the hearing to enable the person to receive sufficient notification?

The court must summon a person in accordance with Section 51 of the Code of Civil Procedure. Except where this act or special legislation concerning summoning requires further particulars, the summons must contain the following information: the name of the case to which the person is summoned, the purpose, location and starting time of the court proceedings, the reason for the summons, the role in which the person is being summoned in the proceedings, the obligations of the person summoned and, if necessary, the expected duration of the proceedings. When videoconferencing equipment is used at a hearing, the person summoned is notified about when and where they should present themselves.

The summons may be served on paper or by electronic means and, in urgent cases, by telephone or fax.

If the witness or expert is to be examined by videoconference and the person to be examined is required to present themselves in a district under the jurisdiction of a different court, that court will be responsible for the summons; the requesting court will ask the other court to carry out this task. According to Section 115(2) of the Code of Civil Procedure, the summons must be served upon parties in a manner that allows them sufficient time to prepare; generally this is at least 10 days before the date of the hearing, unless a preparatory hearing has been held.

9 What costs apply to the use of videoconferencing and how should they be paid?

The use of videoconferencing entails data transfer costs. These costs should be covered by the requesting court which initiated the videoconference.

10 What requirements, if any, are there for ensuring that the person examined directly by the requesting court has been informed that the performance shall take place on a voluntary basis?

According to Section 126(1) of the Code of Civil Procedure, any natural person who is not a party to the proceedings is required to attend court when summoned and to give a witness statement. The witness may refuse to testify only in cases where such testimony would give rise to the risk of criminal prosecution of the witness or their relatives. Witnesses are always informed before the hearing of the significance of their testimony, of their rights and obligations and of the criminal consequences of a false testimony.

11 What procedure exists for verifying the identity of the person to be examined?

At the start of the hearing the court is required under Section 126(2) of the Code of Civil Procedure to verify the identity of the witness. This is generally done by requiring the presentation of an identity card or passport.

Where an examination is conducted using videoconferencing equipment, a court employee entrusted with performing this task by the presiding judge (a judge sitting alone) must verify the identity of the person to be examined using the videoconferencing equipment. With the consent of the presiding judge (a judge sitting alone), the person verifying identity at the premises where the person being examined is located may also be an employee of the court or prison or detention institution holding sectioned persons, provided that this person has been entrusted with that task.

12 What requirements for taking oaths apply and what information is needed from the requesting court when an oath is required during direct taking of evidence under Articles 19 to 21 of the Taking of Evidence Regulation?

Under Section 104(2) of Act No 91/2012 on private international law, witnesses, experts and parties may – if so requested by an authority in another country – be heard under oath. For witnesses and parties to proceedings, the oath reads: ‘I swear on my honour that I will answer every question asked by the court fully and truthfully and that I will withhold nothing.’ For an expert, the oath reads: ‘I swear on my honour that the opinion I will give will be according to the best of my knowledge and belief.’ If there is a subsequent oath, the wording of the oath will be modified accordingly.

13 What arrangements are there for ensuring that there is a contact person at the place of the videoconference with whom the requesting court can liaise and a person who is available on the day of the hearing to operate the videoconferencing facilities and deal with any technical problems?

Specific arrangements are agreed upon during preparations for the videoconference and are based on the needs of the requesting and requested courts.

14 What, if any, additional information is required from the requesting court?

Specific arrangements are agreed upon during preparations for the videoconference and are based on the needs of the requesting and requested courts.

1 Is it possible for evidence to be taken by videoconference either with the participation of a court in the requesting Member State or directly by a court of that Member State? If yes, what are the relevant national procedures or laws that apply?

Yes, it is possible in both cases. Pursuant to Article 12(2) of Regulation (EU) 2020/1783, the taking of evidence by videoconference is carried out in accordance with the national law of the requested court (in Greece, Presidential Decree 142/2013 and Article 393(3) of the Code of Civil Procedure), whereas, pursuant to Article 12(3), the requesting court may call for the request to be executed in accordance with a special procedure provided for in its national law, and the requested court executes the request in accordance with the special procedure unless doing so would be incompatible with its national law or it is unable to do so because of major practical difficulties.

2 Are there any restrictions on the type of person who can be examined by videoconference – for example, is it only witnesses or can others such as experts or parties also be examined in this way?

There are no restrictions. All participants in proceedings may be examined by videoconference.

3 What restrictions, if any, are there on the type of evidence that can be obtained by videoconference?

There are no restrictions, except on recording videoconferences with images (Article 2(3) of Presidential Decree 142/2013).

4 Are there any restrictions on where the person should be examined by videoconference – i.e. does it have to be in a court?

The examination may take place in a suitably adapted courtroom or office at the court which has been certified by a decision of the head of the court that has been communicated to the Minister for Justice, or in an office at a Greek consular authority abroad.

5 Is it permitted to record videoconference hearings and, if so, is the facility available?

It is permitted to record videoconference hearings and the facility is available, with sound but without images; minutes of the videoconference are kept by the registrar of the court or of the Greek consular authority abroad.

6 In what language should the hearing be conducted: (a) where requests are made under Articles 12 to 14 of the Taking of Evidence Regulation; and (b) where there is direct taking of evidence under Articles 19 to 21 of the Taking of Evidence Regulation?

(a) The proceedings are conducted in Greek and, where necessary, an interpreter is present; (b) the proceedings are in the language of the requesting court, with an interpreter providing simultaneous interpretation into Greek.

7 If interpreters are required, who is responsible for providing them and where should they be located (a) where requests are made under Articles 12 to 14 of the Taking of Evidence Regulation; and (b) where there is direct taking of evidence under Articles 19 to 21 of the Taking of Evidence Regulation?

Each party arranges for an interpreter to be found and paid, where the witness, party or expert proposed for questioning and who will testify by videoconference does not speak Greek. Interpreters must be in the same room as the judge who is conducting the videoconference procedure or the head of the Greek consular authority abroad.

8 What procedure applies to the arrangements for the hearing and to notify the person to be examined about the time and place (a) where requests are made under Articles 12 to 14 of the Taking of Evidence Regulation; and (b) where there is direct taking of evidence under Articles 19 to 21 of the Taking of Evidence Regulation? For both options, how much time should be allowed when arranging the date of the hearing to enable the person to receive sufficient notification?

In both cases, the details of how the hearing is to be conducted are determined by agreement between the judges of the requesting court and the requested court, by any appropriate means of communication, such as telephone, e-mail or fax.

Communication on practical matters relating to the planning and conduct of the videoconference is carried out by the competent court officials, also by any appropriate means, under the supervision of the above judges.

In accordance with the above agreement between the judges, the judge of the requested court informs the person to be examined of the time and place of the examination, in accordance with the provisions of the law of the place of enforcement, and with sufficient notice to allow the examination to take place.

9 What costs apply to the use of videoconferencing and how should they be paid?

Each party arranges for an interpreter to be found and paid, where the witness, party or expert proposed for questioning and who will testify by videoconference does not speak Greek. The party pays the fee directly to the interpreter.

10 What requirements, if any, are there for ensuring that the person examined directly by the requesting court has been informed that the performance shall take place on a voluntary basis?

The person is informed by the competent judge of the requested court.

11 What procedure exists for verifying the identity of the person to be examined?

The judge who is conducting the hearing verifies the identity of the person to be questioned. In order to establish the identity of the person in the remote room, the judge is assisted by the registrar or by a person at the remote location who has been authorised by the consul.

12 What requirements for taking oaths apply and what information is needed from the requesting court when an oath is required during direct taking of evidence under Articles 19 to 21 of the Taking of Evidence Regulation?

The witness, expert, etc. being questioned are asked by the judge conducting the hearing whether they wish to take a religious or civil oath. The same applies to interpreters before they take up their duties in the proceedings.

13 What arrangements are there for ensuring that there is a contact person at the place of the videoconference with whom the requesting court can liaise and a person who is available on the day of the hearing to operate the videoconferencing facilities and deal with any technical problems?

Arrangements are made for the relevant court officials to be present before and during the videoconference.

14 What, if any, additional information is required from the requesting court?

None.

1 Is it possible for evidence to be taken by videoconference either with the participation of a court in the requesting Member State or directly by a court of that Member State? If yes, what are the relevant national procedures or laws that apply?

This can be done in two ways.

Rules and regulations:

- Article 177 of the Law on Civil Procedure (Ley de Enjuiciamiento Civil (LEC)) in accordance with Law 29/2015 of 30 April 2015 on international legal cooperation in civil matters;

- Article 229 of the Organic Law on the Judiciary (Ley Orgánica del Poder Judicial, (LOPJ)) with regard to videoconferences; Article 229(3) of the Organic Law on the Judiciary allows for statement-taking, questioning, taking of evidence, confrontations of witnesses, examinations, reports, ratification of expert opinions and proceedings to be conducted by videoconference, in the presence of the judge or court, and in the presence or with the involvement of, where appropriate, the parties. It ensures in all cases that it is possible for each party to question and counter the other party’s evidence and safeguards the right to defence. These are public proceedings, apart from in exceptional cases.

- Regulation No 1/2018 on international judicial assistance and international judicial cooperation networks.

Cases where Spain requires the cooperation of a foreign authority

In these cases, Law 29/2015 is subsidiary in accordance with the principle of primacy of EU law, which gives priority in this field to the application of European Union rules and the international treaties and agreements to which Spain is a party. In the field of international legal cooperation in civil matters, the Spanish authorities may cooperate with foreign authorities; although reciprocity is not required, the government may, by royal decree, stipulate that the authorities will not cooperate with the authorities of a foreign state if there is a repeated refusal of cooperation or a legal prohibition on the provision of cooperation by the authorities of that state.

Should the Spanish courts be able to establish direct judicial communication:

The laws in force in each state are always respected. Direct judicial communication occurs between national and foreign courts without any intermediary. Such communication does not affect or compromise the independence of the courts involved or the rights to defence of the parties.

The Spanish authorities refuse requests for international legal cooperation in civil matters if:

a) the object or purpose of the cooperation requested is contrary to public order;

b) the process giving rise to the request for cooperation falls under the exclusive competence of the Spanish jurisdiction;

c) the content of the intended act does not correspond to the powers of the requested Spanish court. Where appropriate, the Spanish court may send the request to the competent authority and inform the requesting authority thereof;

d) the request for international cooperation does not meet the content and minimum requirements required by Law 29/2015 in order to be processed;

e) the government establishes by royal decree that the Spanish authorities will not cooperate with the authorities of a foreign state that has repeatedly refused requests for cooperation or legally prohibits provision of cooperation by the authorities of that state.

2 Are there any restrictions on the type of person who can be examined by videoconference – for example, is it only witnesses or can others such as experts or parties also be examined in this way?

There are no restrictions regarding the involvement of parties to the proceedings or of any other person giving evidence, whether they are witnesses or experts. Assessment of the suitability of the evidence and of the information supplied to experts is at the court’s discretion.

3 What restrictions, if any, are there on the type of evidence that can be obtained by videoconference?

The restrictions – which are always exceptional and must be established by a reasoned judicial decision that takes into account the proportionality of the restriction – affect where the direct taking of evidence requested would be ‘contrary to fundamental principles of law in its Member State’ (Article 19(7) of Regulation (EU) 2020/1783).

4 Are there any restrictions on where the person should be examined by videoconference – i.e. does it have to be in a court?

It must take place at the court where the proceedings are held and before which the evidence is taken at a public hearing or, in exceptional cases, a restricted hearing. There are no restrictions regarding the location of the person who is to take part in the proceedings by videoconferencing ‘or other distance communications technology provided that such technology is available to the court and the court considers the use of such technology to be appropriate in the specific circumstances of the case’ (final part of Article 20(1) of Regulation (EU) 2020/1783). The registrar (Letrado de la administración de justicia) at the court before which the proceedings are conducted must establish, in the court itself, the identity of the persons taking part by videoconference, through the prior submission or direct presentation of documents or through personal knowledge.

5 Is it permitted to record videoconference hearings and, if so, is the facility available?

Yes. Indeed, they must be recorded, subject to the qualification in the previous question (final part of Article 20(1) of Regulation (EU) 2020/1783).

In accordance with Article 147 of the Law on Civil Procedure, oral proceedings, hearings and appearances must be recorded on a medium suitable for recording and reproducing sound and image. All courts in Spain have audiovisual devices to record trials and hearings. The recordings are archived in DVD format by the court registrar. A copy can be issued to the parties, at their expense.

6 In what language should the hearing be conducted: (a) where requests are made under Articles 12 to 14 of the Taking of Evidence Regulation; and (b) where there is direct taking of evidence under Articles 19 to 21 of the Taking of Evidence Regulation?

Where a Spanish court is involved, it would appear to be essential for the proceedings and related documents to be in Spanish, although one of the other official languages (Galician, Catalan, Valencian and Basque) of certain regions of the country may be accepted in the event that the persons being questioned by videoconference know and want to use those languages.

7 If interpreters are required, who is responsible for providing them and where should they be located (a) where requests are made under Articles 12 to 14 of the Taking of Evidence Regulation; and (b) where there is direct taking of evidence under Articles 19 to 21 of the Taking of Evidence Regulation?

In civil cases, interpreters may be used both during the proceedings and afterwards in order to document the proceedings; if they are not provided by the party that requires interpretation, they will be provided by the court services, which have been decentralised in the case of some autonomous communities. In other cases, such services are provided by the Ministry of Justice. The cost of providing these services may be attributed to the party that has been ordered to bear the costs, with due regard to cases of entitlement to free legal assistance.

In order to effectively guarantee further questioning and countering of evidence during the proceedings, the interpreter may be located either at the court or with the person who will appear at the hearing by videoconference.

In all cases, the interpreter will be required to take an oath or swear to tell the truth and act with the greatest possible objectivity in the performance of his or her duties.

Article 22 of Regulation (EU) 2020/1783 provides for the possibility for the requested court to request reimbursement of fees or costs, including those of interpreters.

8 What procedure applies to the arrangements for the hearing and to notify the person to be examined about the time and place (a) where requests are made under Articles 12 to 14 of the Taking of Evidence Regulation; and (b) where there is direct taking of evidence under Articles 19 to 21 of the Taking of Evidence Regulation? For both options, how much time should be allowed when arranging the date of the hearing to enable the person to receive sufficient notification?

The internal procedure for questioning, in the case provided for by Article 10 of the Regulation, is laid down in Articles 301 et seq. of the LEC with regard to questioning the parties; in Articles 360 et seq. with regard to questioning witnesses; and in Articles 335 et seq. with regard to issuing reports and submitting them for examination and cross-examination at public hearings by experts.

9 What costs apply to the use of videoconferencing and how should they be paid?

In principle, videoconferencing is free, but if interested parties wish to obtain a copy of the recording, they must provide the appropriate medium or pay the corresponding cost.

Article 22 of Regulation (EU) 2020/1783 provides for the possibility for the requested court to request reimbursement of fees or costs, including those of interpreters.

10 What requirements, if any, are there for ensuring that the person examined directly by the requesting court has been informed that the performance shall take place on a voluntary basis?

This is done under the direction of the Spanish court.

11 What procedure exists for verifying the identity of the person to be examined?

See answer to Question 4 above.

The registrar at the court before which the proceedings are conducted must establish, in the court itself, the identity of the persons participating by videoconference, through the prior submission or direct presentation of documents or through personal knowledge.

12 What requirements for taking oaths apply and what information is needed from the requesting court when an oath is required during direct taking of evidence under Articles 19 to 21 of the Taking of Evidence Regulation?

It is necessary to distinguish between the following cases:

a) The parties are not required to take an oath or swear during questioning, although in the notification for verification, the party concerned must be informed that in the event of an unexcused failure to appear, the court may consider the facts in which this party was personally involved as having been recognised; establishment of these facts as certain is highly detrimental to the party.

b) Witnesses: before giving evidence, each witness is required to take an oath or swear to tell the truth, under threat of the penalties established for the crime of perjury in civil cases. The court will inform the witness of these penalties if the witness is unaware of them.

Witnesses under the age of criminal responsibility are not required to take an oath or swear to tell the truth.

c) Experts: when submitting their opinion, experts must declare under oath or swear to tell the truth, and declare that they have acted and, where appropriate, will act as objectively as possible, taking into consideration both the factors that may favour and those likely to be detrimental to either party, and that they are aware of the criminal sanctions that could be incurred if they fail to fulfil their duty as experts. This oath or promise is reiterated during the hearing when the opinion is submitted for the adversarial proceedings between the parties and the court.

13 What arrangements are there for ensuring that there is a contact person at the place of the videoconference with whom the requesting court can liaise and a person who is available on the day of the hearing to operate the videoconferencing facilities and deal with any technical problems?

Arrangements for the audiovisual media are made in advance. The Senior Judge’s office (Secretaría del Decanato) or the court staff set the date, time and place where the videoconference will take place, ensuring that a sufficient number of staff will be present for it to take place. Tests are usually performed in advance to ensure that connections and equipment are functioning properly.

14 What, if any, additional information is required from the requesting court?

Any information considered appropriate to ensure that the taking of evidence runs as smoothly as possible, using the forms set out in the Annex.

Please note that the original language version of this page has been amended recently. The language version you are now viewing is currently being prepared by our translators.

Taking evidence by videoconference - Croatia

1 Is it possible for evidence to be taken by videoconference either with the participation of a court in the requesting Member State or directly by a court of that Member State? If yes, what are the relevant national procedures or laws that apply?

The Civil Procedure Act (Zakon o parničnom postupku) (Narodne Novine (NN; Official Gazette of the Republic of Croatia) Nos 53/91, 91/92, 58/93, 112/99, 88/01, 117/03, 88/05, 02/07, 84/08, 123/08, 57/11, 148/11, 25/13, 89/14, 70/19 and 80/22; hereinafter: the ZPP) lays down the method by which evidence is taken remotely in civil cases. Pursuant to Article 115(3) of the ZPP, the court may order that specific evidence be taken remotely by using appropriate audio-visual devices and a technological platform for remote communication. Article 115(5) of the ZPP specifies that the court will decide on the remote taking of a particular piece of evidence after obtaining observations on the matter from the parties and other participants who are to attend a hearing which will be held remotely.

The conditions for taking evidence using audio-visual devices and a technological platform for remote communication will be set out in greater detail by rules to be issued by the Minister responsible for judicial affairs. Evidence may be taken by videoconference with court participation once the Minister responsible for judicial affairs determines by decision that the technical requirements for the voice recording of a hearing have been met by the individual courts concerned.

2 Are there any restrictions on the type of person who can be examined by videoconference – for example, is it only witnesses or can others such as experts or parties also be examined in this way?

Given that the Rules on conditions for taking evidence using audio-visual devices and a technological platform for remote communication have not yet been issued, any restrictions on the type of person who can be examined by videoconference remain to be seen. However, under the provisions of the ZPP, there are no restrictions as to the persons (witnesses, experts and parties) who may give a testimony as a form of evidence in civil proceedings.

3 What restrictions, if any, are there on the type of evidence that can be obtained by videoconference?

The ZPP does not provide for any general restrictions on the type of evidence that may be used to prove certain facts that are crucial for taking a decision on the substance of the matter. Pursuant to Article 115, the court may order that a hearing be held remotely by using appropriate audio-visual devices and a technological platform for remote communication or that specific evidence be taken in the same manner. However, in accordance with Article 115(5) of the ZPP, whether a remote hearing will take place or evidence will be taken remotely is decided by the court upon receiving observations on the matter by the parties and other participants who are to attend a hearing which will be held remotely. Therefore, the court decides in each specific case whether evidence can be taken in that manner or restrictions exist that prevent such taking of evidence.

4 Are there any restrictions on where the person should be examined by videoconference – i.e. does it have to be in a court?

As the Rules on conditions for taking evidence using audio-visual devices and a technological platform for remote communication have not yet been issued, no response can be given on restrictions as to the places where a person can be examined by videoconference.

5 Is it permitted to record videoconference hearings and, if so, is the facility available?

As the Rules on conditions for taking evidence using audio-visual devices and a technological platform for remote communication have not yet been issued, no response can be given.

6 In what language should the hearing be conducted: (a) where requests are made under Articles 12 to 14 of the Taking of Evidence Regulation; and (b) where there is direct taking of evidence under Articles 19 to 21 of the Taking of Evidence Regulation?

Parties and other participants in the proceedings have the right to use their own language when participating in hearings and taking other procedural action orally before the court. If the proceedings are not conducted in the language of the party or other participants in the proceedings, interpreting into their language of what is presented at the hearing and of the documents used at the hearing for presenting the evidence will be provided.

7 If interpreters are required, who is responsible for providing them and where should they be located (a) where requests are made under Articles 12 to 14 of the Taking of Evidence Regulation; and (b) where there is direct taking of evidence under Articles 19 to 21 of the Taking of Evidence Regulation?

Parties and other participants in the proceedings will be informed of their right to follow the oral proceedings before the court in their own language with the assistance of an interpreter. They may waive their right to interpretation by declaring that they know the language in which the proceedings are being conducted. A note of the fact that they have been informed of their right and the declarations provided by the parties and other participants will be made in the record. Interpreting is done by interpreters. Interpreting costs are borne by the party or participant concerned.

8 What procedure applies to the arrangements for the hearing and to notify the person to be examined about the time and place (a) where requests are made under Articles 12 to 14 of the Taking of Evidence Regulation; and (b) where there is direct taking of evidence under Articles 19 to 21 of the Taking of Evidence Regulation? For both options, how much time should be allowed when arranging the date of the hearing to enable the person to receive sufficient notification?

As the Rules on conditions for taking evidence using audio-visual devices and a technological platform for remote communication have not yet been issued, no response can be given.

9 What costs apply to the use of videoconferencing and how should they be paid?

When deciding on the costs of the proceedings, the court will order the party to reimburse only those costs which were necessary for conducting the proceedings. The costs that are necessary and the amount of those costs is decided by the court, examining carefully all the circumstances, taking account, in particular, of the rules governing the preparatory procedure for the main hearing, which involves written submissions, one preparatory hearing and one main hearing.

When a party requests that evidence be taken, they are obliged by court order to deposit in advance the amount required to cover the costs expected in taking the evidence. If the taking of evidence is proposed by both parties or ordered by the court ex officio, the court will request that both parties deposit half the required amount. If the court has ordered that evidence be taken ex officio, it may order the amount to be deposited by only one party.

A party losing the case in its entirety must cover the cost incurred by the opposing party and their intervener in the proceedings. The intervener on the side of the party that loses the case must cover the costs incurred by their actions.

If the parties are partially successful in the case, the court first determines the percentage of success of each of them and then subtracts the percentage of success of the less successful party from the percentage of success of the more successful party, after which it establishes the amount of the specific and total costs of the more successful party in the case that were necessary for proper conduct of the procedure and then reimburses that party for the part of such total costs corresponding to the percentage remaining after taking account of the parties’ percentages of success in the case. The proportion of success in the case is assessed on the basis of the claims granted, account also being taken of the success in providing evidence to back up the claims.

10 What requirements, if any, are there for ensuring that the person examined directly by the requesting court has been informed that the performance shall take place on a voluntary basis?

Witnesses receive a written summons specifying the name of the person summoned, the time and venue, the case in respect of which they are summoned, and an indication that they are summoned as witnesses. In the summons, the witnesses are made aware of the consequences of an unjustified absence and of their right to the reimbursement of the costs incurred. The judge informs the witnesses that they may refuse to give testimony about matters confided to them by the party in their capacity of the party’s representative or confessed to them as a religious confessor by the party or another person, and about facts which the witness has learnt as an attorney, doctor or in the performance of any other calling or activity, if there is an obligation to keep confidential what has been learnt in the performance of that calling or activity. Furthermore, a witness may refuse to answer individual questions due to compelling reasons, in particular, if by responding to such question, they would expose themselves, or their lineal blood relative up to any degree, or a collateral blood relative up to the third degree, including their spouse, or relatives by marriage to the second degree – even if the marriage has ended – and their guardian or ward, adopted parent or child, to serious disgrace, significant material damage or criminal prosecution. The single judge or the president of the chamber informs the witness that they may refuse to give answers to the questions asked.

11 What procedure exists for verifying the identity of the person to be examined?

In order to verify their identity, the judge asks the witness to provide their name and surname, personal identification number, the name of their father, occupation, address, place of birth, age and their relationship to the parties.

12 What requirements for taking oaths apply and what information is needed from the requesting court when an oath is required during direct taking of evidence under Articles 19 to 21 of the Taking of Evidence Regulation?

The court may decide that a witness take an oath on the declarations provided, or that the oath be taken before the witness is heard. The oath is taken orally by saying the following: ‘I swear on my honour that I have answered every question asked by the court truthfully and that I have withheld no information known to me about the matter.’ Mute witnesses who are able to read and write are sworn in by signing the text of the oath, while deaf witnesses take the oath by reading its text. If deaf or mute witnesses cannot read or write, they are sworn in with the help of an interpreter. Where a witness is heard again, they will not retake the oath but will be reminded of the oath already taken. No oath is required from witnesses who, at the time of the hearing, have not reached the age of majority or are incapable of comprehending its meaning.

13 What arrangements are there for ensuring that there is a contact person at the place of the videoconference with whom the requesting court can liaise and a person who is available on the day of the hearing to operate the videoconferencing facilities and deal with any technical problems?

As the Rules on conditions for taking evidence using audio-visual devices and a technological platform for remote communication have not yet been issued, no response can be given.

14 What, if any, additional information is required from the requesting court?

As the Rules on conditions for taking evidence using audio-visual devices and a technological platform for remote communication have not yet been issued, no response can be given.

1 Is it possible for evidence to be taken by videoconference either with the participation of a court in the requesting Member State or directly by a court of that Member State? If yes, what are the relevant national procedures or laws that apply?

A judge shall decide on the use of video conferencing by representatives of the second country in a timely manner, with the applicant being contacted individually prior to the start of video conferencing.

The judge shall decide all matters in accordance with the Law on civil procedure (Civilprocesa likums).

2 Are there any restrictions on the type of person who can be examined by videoconference – for example, is it only witnesses or can others such as experts or parties also be examined in this way?

Both witnesses and experts can be questioned.

Article 108(1) of the Law on civil procedure provides that a witness may also be questioned using a court video-conferencing link to the place where the witness is located or to a place specially equipped for the purpose.

Article 122 of the Law on civil procedure likewise provides that an expert may also be questioned using a court video-conferencing link to the place where the expert is located or to a place specially equipped for the purpose.

3 What restrictions, if any, are there on the type of evidence that can be obtained by videoconference?

These are for the court to decide.

4 Are there any restrictions on where the person should be examined by videoconference – i.e. does it have to be in a court?

The Law on civil procedure lays down that court videoconferencing shall be done using a video-conferencing link to the place where the person in question is located or at to a place specially equipped for such a purpose.

5 Is it permitted to record videoconference hearings and, if so, is the facility available?

In accordance with Article 61 of the Law on civil procedure, a court hearing is recorded in its entirety by technical means. The material obtained by sound recording or other technical means is included in the case file and stored with it or placed and stored in the court information system.

As regards the right of parties to the proceedings to record court hearings, Article 152(3) of the Law on civil procedure states that legal proceedings may be recorded in writing or otherwise, provided that conduct of the hearing is not disrupted. The use of photography, film or video at a court hearing is allowed only with the court’s permission. Before deciding on this issue, the court hears the opinion of the parties to the proceedings.

6 In what language should the hearing be conducted: (a) where requests are made under Articles 12 to 14 of the Taking of Evidence Regulation; and (b) where there is direct taking of evidence under Articles 19 to 21 of the Taking of Evidence Regulation?

(a) Pursuant to Article 12(2) of the Taking of Evidence Regulation, the requested court executes the request in accordance with its national law. Pursuant to Article 13(1) of the Law on civil procedure, proceedings in Latvia are conducted in the official language.

(b) Where evidence is taken directly pursuant to Articles 19-21 of the Taking of Evidence Regulation, the court hearing is also conducted in the official language since, under Article 689(4) of the Law on civil procedure, the court that participates in the execution of a request by a foreign country for the direct taking of evidence is the one within whose jurisdiction the source of the evidence to be taken is located.

7 If interpreters are required, who is responsible for providing them and where should they be located (a) where requests are made under Articles 12 to 14 of the Taking of Evidence Regulation; and (b) where there is direct taking of evidence under Articles 19 to 21 of the Taking of Evidence Regulation?

Article 691 of the Law on civil procedure. Execution of a request by a foreign country for the taking of evidence in the presence or with the participation of parties or representatives of the competent court of the foreign country

(1) The court that executes the request by a foreign country for the taking of evidence pursuant to Article 13 or 14 of Regulation (EU) 2020/1783 of the European Parliament and of the Council shall notify the representatives of the competent court of the foreign country or the parties or their representatives of the time and place of the taking of the evidence and the conditions for participation.

(2) The court shall ascertain whether the representatives of the competent court of the foreign country or the parties or their representatives require an interpreter.

(3) If the persons referred to in paragraph 1 of this Article do not understand the official language and there are no major practical difficulties, an interpreter shall, at the request of the representatives of the competent court of the foreign country or the parties or their representatives, take part in the taking of evidence.

8 What procedure applies to the arrangements for the hearing and to notify the person to be examined about the time and place (a) where requests are made under Articles 12 to 14 of the Taking of Evidence Regulation; and (b) where there is direct taking of evidence under Articles 19 to 21 of the Taking of Evidence Regulation? For both options, how much time should be allowed when arranging the date of the hearing to enable the person to receive sufficient notification?

In both scenarios, the request for legal assistance shall be submitted in a timely manner, preferably at least 60 days before the planned videoconference.

Time should be set aside before the planned videoconference for making a test connection.

A video-conferencing request shall indicate the technical parameters.

9 What costs apply to the use of videoconferencing and how should they be paid?

Article 694 of the Law on civil procedure. Costs of the execution of a request by a foreign country for the taking of evidence

(1) In the cases provided for in Article 22(3) of Regulation (EU) 2020/1783 of the European Parliament and of the Council, a court may request the competent court of a foreign country to pay an advance towards experts’ fees up until the request by the foreign country for the taking of evidence is executed.

(2) In the cases provided for in Article 22(2) of Regulation (EU) 2020/1783 of the European Parliament and of the Council, a court may request the competent court of a foreign country to cover the following after the request by the foreign country for the taking of evidence is executed:

1) the fees payable to experts and interpreters;

2) the costs incurred when the request by the foreign country for the taking of evidence is executed at the request of the foreign country’s competent authority in accordance with the procedures of the foreign country;

(3) the costs incurred when the request by the foreign country for the taking of evidence is executed at the request of the foreign country’s competent authority using technical means.

10 What requirements, if any, are there for ensuring that the person examined directly by the requesting court has been informed that the performance shall take place on a voluntary basis?

The foreign country shall prepare the relevant information for the person in question.

11 What procedure exists for verifying the identity of the person to be examined?

A court shall verify the identity of the person pursuant to the provisions of the Law on civil procedure.

12 What requirements for taking oaths apply and what information is needed from the requesting court when an oath is required during direct taking of evidence under Articles 19 to 21 of the Taking of Evidence Regulation?

Such a procedure is not provided for by the Law on civil procedure. However, the competent authority of a foreign country may request the court to rule on the matter of an oath.

13 What arrangements are there for ensuring that there is a contact person at the place of the videoconference with whom the requesting court can liaise and a person who is available on the day of the hearing to operate the videoconferencing facilities and deal with any technical problems?

Before the date of a videoconference and before a test videoconference, the parties concerned shall exchange details of their technical parameters and particulars of their contact persons (the person located in the court and the person at the institution providing the technical assistance).

14 What, if any, additional information is required from the requesting court?

Technical information and details of the technical specification are required.

1 Is it possible for evidence to be taken by videoconference either with the participation of a court in the requesting Member State or directly by a court of that Member State? If yes, what are the relevant national procedures or laws that apply?

Yes, both procedures are possible. The majority of requests sent to Luxembourg involve the examination of a witness by a court of the requesting Member State by videoconference.

There are no specific provisions on videoconferencing, so the articles of the New Code of Civil Procedure relating to the hearing of witnesses, personal checks by the judge and personal appearances of the parties are applicable. At present, there is no case law on videoconferencing.

2 Are there any restrictions on the type of person who can be examined by videoconference – for example, is it only witnesses or can others such as experts or parties also be examined in this way?

Videoconferences can be used to hear witnesses, and in some cases the parties and the court experts. However, to date, the only requests received have been to hear witnesses.

3 What restrictions, if any, are there on the type of evidence that can be obtained by videoconference?

The only restriction is that the hearing of witnesses must be carried out on a voluntary basis. If a witness refuses to be heard, the Luxembourg authorities have no means of obliging them to do so.

4 Are there any restrictions on where the person should be examined by videoconference – i.e. does it have to be in a court?

It must be evidence which can be obtained at the premises of the courts with the necessary technical equipment.

5 Is it permitted to record videoconference hearings and, if so, is the facility available?

If the requesting State wishes to record the videoconference, it must obtain the express consent of the witness heard in Luxembourg. Luxembourg, as requested State, does not record the videoconference.

6 In what language should the hearing be conducted: (a) where requests are made under Articles 12 to 14 of the Taking of Evidence Regulation; and (b) where there is direct taking of evidence under Articles 19 to 21 of the Taking of Evidence Regulation?

a) French, German

b) all languages

7 If interpreters are required, who is responsible for providing them and where should they be located (a) where requests are made under Articles 12 to 14 of the Taking of Evidence Regulation; and (b) where there is direct taking of evidence under Articles 19 to 21 of the Taking of Evidence Regulation?

The court in Luxembourg, as requested State, is responsible for providing an interpreter whenever necessary in order to communicate effectively either with the authorities of the requesting State or with the person to be heard. The interpreter must be present at the court carrying out the taking of evidence.

8 What procedure applies to the arrangements for the hearing and to notify the person to be examined about the time and place (a) where requests are made under Articles 12 to 14 of the Taking of Evidence Regulation; and (b) where there is direct taking of evidence under Articles 19 to 21 of the Taking of Evidence Regulation? For both options, how much time should be allowed when arranging the date of the hearing to enable the person to receive sufficient notification?

The Luxembourg authorities, more specifically the court with jurisdiction to take evidence, liaises with the authorities of the requesting State in order to arrange a date and time for the video conference. The summons is served at least 15 days before a hearing. The Luxembourg authorities are responsible for summoning the participants.

9 What costs apply to the use of videoconferencing and how should they be paid?

The use of videoconferencing and the witness’s expenses are paid for by the Luxembourg State. Interpreting costs are borne by the requesting State.

10 What requirements, if any, are there for ensuring that the person examined directly by the requesting court has been informed that the performance shall take place on a voluntary basis?

The person will be informed in the summons and by the judge or the registrar before the videoconference.

11 What procedure exists for verifying the identity of the person to be examined?

The court in Luxembourg, as the requested State, carries out an identity check by verifying the identity documents at the beginning of the hearing.

12 What requirements for taking oaths apply and what information is needed from the requesting court when an oath is required during direct taking of evidence under Articles 19 to 21 of the Taking of Evidence Regulation?

Witnesses must swear to tell the truth. They are informed that they risk a fine or imprisonment if they commit perjury.

The oath is taken at the requesting court.

As regards Article 19, the requesting State applies its own conditions. The judge present at the videoconference in Luxembourg, as the requested State, intervenes only in the event of a problem.

13 What arrangements are there for ensuring that there is a contact person at the place of the videoconference with whom the requesting court can liaise and a person who is available on the day of the hearing to operate the videoconferencing facilities and deal with any technical problems?

On the day and at the time set for a videoconference, a judge, a registrar, a technician and, if necessary, an interpreter are present.

14 What, if any, additional information is required from the requesting court?

In order to proceed with videoconferencing, a number of technical issues need to be clarified. The success of a hearing by videoconferencing depends on sound prior preparation and effective cooperation between contact points.

1 Is it possible for evidence to be taken by videoconference either with the participation of a court in the requesting Member State or directly by a court of that Member State? If yes, what are the relevant national procedures or laws that apply?

Act CXXX of 2016 on the Code of Civil Procedure (A polgári perrendtartásról szóló 2016. évi CXXX. Törvény, in Hungarian) (‘Code of Civil Procedure’) allows the court, either at the proposal of a party or acting on its own initiative, to order that a party, other participants in the court proceedings, a witness or an expert be examined, and – provided the owner of the item to be inspected does not object – that an inspection be carried out, via an electronic communications network. An examination via an electronic communications network may be ordered if it is expedient to do so, for example to speed up the proceedings; where an examination at the venue designated for the hearing would be difficult to organise or disproportionately expensive; or if the protection of a witness so requires.

The rules on examinations via an electronic communications network can be found in Chapter XLVII of the Code of Civil Procedure and in Decree No 19/2017 of 21 December 2017 of the Minister for Justice on the use of electronic communications networks in civil action hearings and examinations (A polgári eljárásban a tárgyalás, a meghallgatás elektronikus hírközlő hálózat útján történő megtartásáról szóló 19/2017. (XII. 21.) IM rendelet, in Hungarian) (‘Decree No 19/2017 of the Minister for Justice’).

2 Are there any restrictions on the type of person who can be examined by videoconference – for example, is it only witnesses or can others such as experts or parties also be examined in this way?

There are no restrictions in respect of the persons who can be examined by videoconference. This method can be used to examine the parties and other participants in the court proceedings, witnesses, experts and owners of items to be inspected.

3 What restrictions, if any, are there on the type of evidence that can be obtained by videoconference?

A hearing, examination or inspection using an electronic communications network can be used to examine the parties and other participants in the court proceedings, witnesses and experts, or to conduct an inspection.

4 Are there any restrictions on where the person should be examined by videoconference – i.e. does it have to be in a court?

Examinations via an electronic communications network can take place at the premises of the court or another body, in separate rooms set up for that purpose, provided the conditions necessary for the operation of the electronic communications network are satisfied.

5 Is it permitted to record videoconference hearings and, if so, is the facility available?

Under the Code of Civil Procedure, the court may order at the trial stage – at the request of either party or on its own initiative – that the minutes of hearings, examinations or inspections conducted via an electronic communications network be prepared using continuous and simultaneous video and audio recordings if the technical conditions for doing so are satisfied.

6 In what language should the hearing be conducted: (a) where requests are made under Articles 12 to 14 of the Taking of Evidence Regulation; and (b) where there is direct taking of evidence under Articles 19 to 21 of the Taking of Evidence Regulation?

In the case of requests made under Articles 12 to 14 of Regulation 2020/1783, the rules of the Code of Civil Procedure must be applied in accordance with Article 12(2). Under the Code of Civil Procedure, court proceedings are conducted in Hungarian, but no one may be placed at a disadvantage because of a lack of knowledge of the Hungarian language. Every person is entitled to use their mother tongue in court proceedings, or their regional or minority language where this is provided for by international conventions. Where necessary, the court has an obligation to use an interpreter. Furthermore, under Article 12(3) of Regulation 2020/1783, the requesting court may call for the request to be executed in accordance with a special procedure provided for in its national law. The requested court shall execute the request in accordance with the special procedure, unless doing so would be incompatible with its national law or it is unable to do so because of major practical difficulties. If the requested court does not comply with the call for the request to be executed in accordance with a special procedure for one of those reasons, it shall inform the requesting court.

In the case of requests made under Articles 19 to 21, the direct taking of evidence is to be carried out in accordance with the law of the Member State of the requesting court, pursuant to Article 19(8) of Regulation 2020/1783.

7 If interpreters are required, who is responsible for providing them and where should they be located (a) where requests are made under Articles 12 to 14 of the Taking of Evidence Regulation; and (b) where there is direct taking of evidence under Articles 19 to 21 of the Taking of Evidence Regulation?

In the case of requests made under Articles 12 to 14, if it is necessary to ensure the use of a party’s mother tongue or a regional or minority language, the requested court has an obligation to use an interpreter.

The Code of Civil Procedure does not contain specific provisions on where exactly the interpreter should be located in the event of an examination via an electronic communications network. It does specify, however, that interpreters must be present in rooms set up for such examinations. On the basis of Decree 19/2017 of the Minister for Justice, the interpreter must be visible on the transmitted recording.

In the case of requests made under Articles 19 to 21, the requesting court shall, upon request, be assisted in finding an interpreter, in accordance with Article 20(2).

8 What procedure applies to the arrangements for the hearing and to notify the person to be examined about the time and place (a) where requests are made under Articles 12 to 14 of the Taking of Evidence Regulation; and (b) where there is direct taking of evidence under Articles 19 to 21 of the Taking of Evidence Regulation? For both options, how much time should be allowed when arranging the date of the hearing to enable the person to receive sufficient notification?

The order for an examination via an electronic communications network is served on the persons summoned at the same time as the summons for the hearing, examination or inspection. The order for an examination via an electronic communications network is sent by the court without delay to the court or other body providing the dedicated facilities for the examination via an electronic communications network.

The Code of Civil Procedure contains no special provisions concerning summons for examinations via an electronic communications network. A summons to attend a hearing must be sent so as to allow time for the receipt confirming that it has been served in accordance with the law to be returned to the court prior to the hearing.

The first hearing must be scheduled so as to ensure that the summons is served on the parties, as a general rule, at least fifteen days before the date of the hearing. The court may shorten that period in urgent cases.

In the case of requests made under Articles 19 to 21, the provisions of Article 19(4) and (8) must be applied.

9 What costs apply to the use of videoconferencing and how should they be paid?

The costs vary and must be covered (by a deposit or an advance) by the requesting court if the requested court so requests. The duty for the parties to bear these fees or costs is governed by the law of the Member State of the requesting court.

10 What requirements, if any, are there for ensuring that the person examined directly by the requesting court has been informed that the performance shall take place on a voluntary basis?

Under Article 19(2) of Regulation 2020/1783, the requesting court must inform the person concerned that the examination is voluntary. Under Section 80(6)(a)(aa) of Act XXVIII of 2017 on private international law (A nemzetközi magánjogról szóló 2017. évi XXVIII. Törvény, in Hungarian), the Hungarian court involved in the organisation of the video conference must also inform the witness to be examined that their involvement is voluntary.

11 What procedure exists for verifying the identity of the person to be examined?

The identity of the person to be examined via an electronic communications network is verified on the basis of:

• the information provided by the person in question in order to verify their identity and address, and
• the presentation by technical means as specified by law of their official identification document or residence document.

If the court has ordered the confidential treatment of a witness’s data, it must be ensured during the presentation by technical means as specified by law of their official identification document or residence document that such data can be seen only by the presiding judge or the registrar, if the examination or inspection is conducted by a registrar.

The court also uses electronic means or direct database queries to confirm that:

• the information provided by the person to be examined in order to verify their identity and address matches the records, and
• the official document and the residence document presented by the person to be examined as proof of identity match the records and are valid.

12 What requirements for taking oaths apply and what information is needed from the requesting court when an oath is required during direct taking of evidence under Articles 19 to 21 of the Taking of Evidence Regulation?

The Code of Civil Procedure does not provide for oaths in court proceedings.

13 What arrangements are there for ensuring that there is a contact person at the place of the videoconference with whom the requesting court can liaise and a person who is available on the day of the hearing to operate the videoconferencing facilities and deal with any technical problems?

The Code of Civil Procedure provides for the presence of a person responsible for ensuring the functioning and operation of the necessary technical equipment for examinations via an electronic communications network at the dedicated facilities.

The operator must ensure that the technical equipment for the examination is fully functional before the start of the examination. If there is any obstacle to the normal operation of the equipment, the operator reports the problem to the judge present at the venue designated for the hearing without delay and ensures that the problem is eliminated. The problem and the measures taken are then reported in writing to the operator’s line manager. The examination via an electronic communications network cannot be started or continued until the problem is resolved. The procedural step underway when the problem or faulty operation of the technical equipment used for the examination via an electronic communications network occurred must be repeated if necessary.

14 What, if any, additional information is required from the requesting court?

In general, no additional information is required.

1 Is it possible for evidence to be taken by videoconference either with the participation of a court in the requesting Member State or directly by a court of that Member State? If yes, what are the relevant national procedures or laws that apply?

The evidence of persons heard by videoconference may be taken directly by the court of the requesting Member State pursuant to requests made under Articles 19 to 21 of the Taking of Evidence Regulation. The competent authority may assign a Maltese court to participate in the taking of evidence under Article 19(4) of the Taking of Evidence Regulation. In such cases, the Maltese court may appoint a judicial assistant for this purpose in terms of Article 97A(3) of the Code of Organisation and Civil Procedure (Chapter 12 of the Laws of Malta).

In the case of requests made under Articles 12 to 14 of the Taking of Evidence Regulation, the requested court may at its sole discretion allow for the taking of evidence to be carried out by videoconference subject to any conditions and directions it deems necessary. This is regulated by Article 622B(2) of the Code of Organisation and Civil Procedure (Chapter 12 of the Laws of Malta). In terms of this provision, the requested court may also direct that the taking of evidence by videoconference is carried out with the participation of the requesting court where appropriate.

2 Are there any restrictions on the type of person who can be examined by videoconference – for example, is it only witnesses or can others such as experts or parties also be examined in this way?

There are no such restrictions imposed. Witnesses, experts and parties may all be examined by videoconference unless this would run contrary to fundamental principles of national law. The same rules on the competence of witnesses apply, irrespective of whether the witness is examined in person or by videoconference.

3 What restrictions, if any, are there on the type of evidence that can be obtained by videoconference?

There are no such restrictions imposed, subject to the condition that the request for the taking of evidence is not contrary to fundamental principles of national law.

4 Are there any restrictions on where the person should be examined by videoconference – i.e. does it have to be in a court?

Article 622B(2) of the Code of Organisation and Civil Procedure (Chapter 12 of the Laws of Malta) leaves it to the discretion of the requested court to set the place where the examination by videoconference is to be carried out. In practice, the videoconference is often organised in the Court building.

5 Is it permitted to record videoconference hearings and, if so, is the facility available?

Yes, audio-recording or video-recording of any evidence is allowed using the existing recording system at the courts in terms of Article 622B(1) of the Code of Organisation and Civil Procedure (Chapter 12 of the Laws of Malta).

6 In what language should the hearing be conducted: (a) where requests are made under Articles 12 to 14 of the Taking of Evidence Regulation; and (b) where there is direct taking of evidence under Articles 19 to 21 of the Taking of Evidence Regulation?

In the case of requests made under Articles 12 to 14 of the Taking of Evidence Regulation, the hearing is to be conducted in the Maltese language or in the English language, as the case may be according to Article 2 of the Judicial Proceedings (Use of English Language) Act (Chapter 189 of the Laws of Malta). If the person giving evidence understands neither Maltese nor English, the requested court may appoint an interpreter.

In the case of requests made under Articles 19 to 21 of the Taking of Evidence Regulation, the language of the hearing depends on whether the evidence is to be taken with the participation of a Maltese court or of an appointed judicial assistant (please refer to Question 1).

7 If interpreters are required, who is responsible for providing them and where should they be located (a) where requests are made under Articles 12 to 14 of the Taking of Evidence Regulation; and (b) where there is direct taking of evidence under Articles 19 to 21 of the Taking of Evidence Regulation?

In the case of requests made under Articles 12 to 14 of the Taking of Evidence Regulation, interpreters are appointed by the requested court in accordance with Article 596 of the Code of Organisation and Civil Procedure (Chapter 12 of the Laws of Malta). Interpreters are appointed at the provisional expense of the party producing the witness. The interpreters are to be located at the place where the requested court shall order the examination to occur (please refer to Question 4).

In the case of requests made under Articles 19 to 21 of the Taking of Evidence Regulation, it is for the requesting court to appoint interpreters and to decide where they should be located.

8 What procedure applies to the arrangements for the hearing and to notify the person to be examined about the time and place (a) where requests are made under Articles 12 to 14 of the Taking of Evidence Regulation; and (b) where there is direct taking of evidence under Articles 19 to 21 of the Taking of Evidence Regulation? For both options, how much time should be allowed when arranging the date of the hearing to enable the person to receive sufficient notification?

In the case of requests made under Articles 12 to 14 of the Taking of Evidence Regulation, the person to be examined is summoned to appear by means of a subpoena at the time and place therein indicated. The subpoena should be issued at least one month before the hearing is to take place to allow sufficient time for the subpoena to be served on the person to be examined.

In the case of requests made under Articles 19 to 21 of the Taking of Evidence Regulation, the person to be examined may be notified of the time and place of the hearing by the requesting court directly. Alternatively, the person to be examined shall be notified of the time and place of the hearing by the competent authority by means of electronic mail or telephone. To this effect, the requested court should provide the necessary contact details of the person to be examined.

9 What costs apply to the use of videoconferencing and how should they be paid?

The use of videoconferencing is free of charge.

10 What requirements, if any, are there for ensuring that the person examined directly by the requesting court has been informed that the performance shall take place on a voluntary basis?

In such cases it is for the requesting court under Article 19(2) of the Taking of Evidence Regulation to ensure, prior to submitting its request for the direct taking of evidence, that the taking of evidence is carried out on a voluntary basis.

Where the requesting court cannot provide the contact details of the person to be examined (as referred to in Question 8) this is generally taken as an indication that the requirement of Article 19(2) of the Taking of Evidence Regulation has not been complied with, unless other means for verifying compliance with this provision can be identified by mutual cooperation of the requesting and requested courts or of the competent authorities.

Additionally, where a Maltese court or judicial assistant has been assigned to participate in the hearing under Article 19(4) of the Taking of Evidence Regulation, the court or the judicial assistant, as the case may be, may directly inform the person to be examined of the voluntary basis of the taking of evidence.

11 What procedure exists for verifying the identity of the person to be examined?

Where a request is made under Articles 12 to 14 of the Taking of Evidence Regulation, the requested court establishes the identity of the person to be examined and verifies it, if necessary, against that person’s identity card or passport. In practice, it is often the case that the first question asked to a witness is to state his name under oath.

Where a request is made under Articles 19 to 21 of the Taking of Evidence Regulation, it is for the requesting court to verify the identity of the person to be examined.

12 What requirements for taking oaths apply and what information is needed from the requesting court when an oath is required during direct taking of evidence under Articles 19 to 21 of the Taking of Evidence Regulation?

As a general rule under national law, the taking of an oath prior to testifying is regulated by the Code of Organisation and Civil Procedure (Chapter 12 of the Laws of Malta). A witness professing the Roman Catholic faith shall be sworn according to the custom of those who belong to that faith; and a witness not professing that faith shall be sworn in the manner which he considers most binding on his conscience. Witnesses swear to tell the truth, the whole truth and nothing but the truth.

However, there are no national requirements for taking oaths applicable in cases of direct taking of evidence under Articles 19 to 21 of the Taking of Evidence Regulation. It is for the requesting court to administer the oath in accordance with the law of the Member State of the requesting court.

13 What arrangements are there for ensuring that there is a contact person at the place of the videoconference with whom the requesting court can liaise and a person who is available on the day of the hearing to operate the videoconferencing facilities and deal with any technical problems?

The following is the relevant contact person:

Nathalie Cutajar, Senior Clerk

Contact +356 25902346

nathalie.cutajar@courtservices.mt

14 What, if any, additional information is required from the requesting court?

Prior to the date of the hearing the following is required from the requesting court:

a. Time zone;

b. Appointment for testing (date and time);

c. Fixed IP address;

d. Details of its technical contact person.

1 Is it possible for evidence to be taken by videoconference either with the participation of a court in the requesting Member State or directly by a court of that Member State? If yes, what are the relevant national procedures or laws that apply?

There are no general regulations on this subject under Dutch civil procedural law. However, videoconferencing is not precluded and consequently is possible in these cases under the law.

2 Are there any restrictions on the type of person who can be examined by videoconference – for example, is it only witnesses or can others such as experts or parties also be examined in this way?

If a person can be examined under civil procedural law, this is also possible in principle by videoconference. There are no specific provisions under civil procedural law.

3 What restrictions, if any, are there on the type of evidence that can be obtained by videoconference?

There are no rules on specific restrictions. The national rules of civil procedure apply.

4 Are there any restrictions on where the person should be examined by videoconference – i.e. does it have to be in a court?

No specific rules apply to examination by videoconference. The national rules of civil procedure apply. The rule is that persons must be examined in court. Exceptions may be made if a witness is ill or otherwise unable to travel to court (Article 175 of the Code of Civil Procedure (Wetboek van Burgerlijke Rechtsvordering)).

5 Is it permitted to record videoconference hearings and, if so, is the facility available?

Examination of a witness by a Dutch court by videoconference is deemed equivalent to a live transmission of an ordinary hearing. By law, a court transcript is made of witness hearings by an examining magistrate. The same rules apply to hearings by videoconference and therefore they must also be recorded by a court transcript. The law does not prohibit an image or sound recording being made in addition to the court transcript, but this recording is not to be equated with the court transcript.

6 In what language should the hearing be conducted: (a) where requests are made under Articles 12 to 14 of the Taking of Evidence Regulation; and (b) where there is direct taking of evidence under Articles 19 to 21 of the Taking of Evidence Regulation?

If the requested court is in the Netherlands, the hearing takes place in Dutch. No special rules apply in this respect. The Dutch implementing legislation does allow for a competent authority to impose conditions for the direct taking of evidence which it considers useful or necessary for reasons of due process.

7 If interpreters are required, who is responsible for providing them and where should they be located (a) where requests are made under Articles 12 to 14 of the Taking of Evidence Regulation; and (b) where there is direct taking of evidence under Articles 19 to 21 of the Taking of Evidence Regulation?

Dutch civil procedural law makes no provision for special arrangements for interpreters. In civil cases in the Netherlands, the parties must in principle provide their own interpreters.

8 What procedure applies to the arrangements for the hearing and to notify the person to be examined about the time and place (a) where requests are made under Articles 12 to 14 of the Taking of Evidence Regulation; and (b) where there is direct taking of evidence under Articles 19 to 21 of the Taking of Evidence Regulation? For both options, how much time should be allowed when arranging the date of the hearing to enable the person to receive sufficient notification?

Under the Dutch implementing legislation the requested court can determine which of the parties is responsible for the summons resulting from a request to take evidence.

Summons not carried out by one of the parties are undertaken by the registrar of the requested court. Under Dutch civil procedural law, witnesses must be summoned at least 1 week (under future law, at least 10 days) before the hearing.

9 What costs apply to the use of videoconferencing and how should they be paid?

The costs for the special form and communications technology are not borne by the parties. These costs are not passed on under Dutch law. They are borne by the State, from which reimbursement can be requested pursuant to Article 18(2) and Article 10(4) of Regulation (EC) No 1206/2001.

10 What requirements, if any, are there for ensuring that the person examined directly by the requesting court has been informed that the performance shall take place on a voluntary basis?

Under Article 17(2) of Regulation (EC) No 1206/2001, where the direct taking of evidence entails a person being heard, the requesting court informs that person that the performance takes place on a voluntary basis. No further requirements apply.

11 What procedure exists for verifying the identity of the person to be examined?

Under Dutch civil procedural law, it is for the judge to check identity (Article 177 of the Code of Civil Procedure).

The judge asks witnesses to state their surname, first name, age, profession and place of residence. They are also questioned about any relationship to the parties (consanguinity or affinity, employment).

12 What requirements for taking oaths apply and what information is needed from the requesting court when an oath is required during direct taking of evidence under Articles 19 to 21 of the Taking of Evidence Regulation?

Under Dutch civil procedural law, the oath or affirmation is administered by the judge before the hearing. The witness states that his or her testimony will be the truth and nothing but the truth. Witnesses who deliberately do not tell the truth are committing perjury. Direct taking of evidence is performed in accordance with the law of the requesting State.

13 What arrangements are there for ensuring that there is a contact person at the place of the videoconference with whom the requesting court can liaise and a person who is available on the day of the hearing to operate the videoconferencing facilities and deal with any technical problems?

An international request for legal assistance in which videoconferencing is used is arranged with the Dutch judiciary’s ICT support staff (SPIRIT). They implement the technical and logistical arrangements.

14 What, if any, additional information is required from the requesting court?

The competent authority will be able to request this information.

At all locations with videoconferencing facilities owned by the Ministry of Justice, one employee is in charge of looking after the videoconferencing equipment. This person can operate the videoconferencing equipment and make minor adjustments to the settings. All videoconferencing equipment is linked to a central unit in the IT department of the Federal Ministry of Justice (Bundesministerium für Justiz – BMJ). From there, IT administrators can fine-tune all videoconferencing systems located across Austria.

1 Is it possible for evidence to be taken by videoconference either with the participation of a court in the requesting Member State or directly by a court of that Member State? If yes, what are the relevant national procedures or laws that apply?

Both types of evidence-taking via videoconference are possible and permitted in Austria. Austrian civil procedure law is regulated by the Code of Civil Procedure (Zivilprozessordnung – ZPO) for contentious proceedings and the Non-contentious Proceedings Act (Außerstreitgesetz – AußStrG) for non-contentious proceedings. The provisions relating to the taking of evidence can be found in the ZPO (Sections 266 to 389) and the AußStrG (Sections 16, 20 and 31 to 35, with partial reference to the ZPO) as well as in the individual provisions regulating specific types of proceedings, such as in Section 85 on the duty of participation in paternity proceedings. The relevant national procedures and legal rules are described in detail in the answers to the following questions and in the factsheet ‘Taking of evidence – Austria’.

2 Are there any restrictions on the type of person who can be examined by videoconference – for example, is it only witnesses or can others such as experts or parties also be examined in this way?

In accordance with Section 277 ZPO (contentious proceedings) and Section 35 AußStrG in conjunction with Section 277 ZPO (non-contentious proceedings), videoconferencing can be used for the taking of evidence and therefore also for the examination of parties and witnesses and for expert witness testimony.

Section 3 of the First COVID-19 Justice System Support Act (1. COVID-19-Justiz-Begleitgesetz) (Federal Law Gazette (BGBl.) I 16/2020, as amended in BGBl. I 224/2022) made it possible, for the first time for civil proceedings, to conduct oral proceedings and hearings without the physical presence of the parties or their representatives, using appropriate communication technology to transmit words and images, provided the parties consent. This provision also makes it possible to use such technology to take evidence in or outside of oral proceedings, even if the conditions laid down in Section 277 ZPO are not met, and to allow people who should attend proceedings to take part in them.

This provision was introduced in response to the pandemic, with the aim of reducing interpersonal contact to the absolute minimum necessary and avoiding direct contact, during oral proceedings, between people who would not normally meet one another.

The First COVID-19 Justice System Support Act (BGBl. I 16/2020, as amended in BGBl. I 224/2022) expires on 30 June 2023.

3 What restrictions, if any, are there on the type of evidence that can be obtained by videoconference?

In accordance with Section 277 ZPO (contentious proceedings) and Section 35 AußStrG in conjunction with Section 277 ZPO (non-contentious proceedings), videoconferencing can be used for the taking of evidence. However, factual impediments may preclude this, for instance when certificates or visual inspection are to be used in the taking of evidence.

4 Are there any restrictions on where the person should be examined by videoconference – i.e. does it have to be in a court?

Any person can be summoned by their local court and examined there by videoconference. All courts, public prosecutor’s offices and prisons in Austria are equipped with at least one videoconferencing system.

5 Is it permitted to record videoconference hearings and, if so, is the facility available?

In civil matters there are no general data protection provisions in Austrian law for the recording of examinations conducted via videoconference. The agreement of all persons involved in the videoconference is therefore required for the recording. This applies to the indirect taking of evidence, which, under Article 12(2) of Regulation (EU) 2020/1783 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (‘the Regulation’), is to be carried out in accordance with the law of the requested State.

A request for direct taking of evidence, however, must be made in accordance with the law of the requesting State (Article 19(8) of the Regulation). Should that law provide for the recording of videoconferences without the agreement of the persons concerned, this is admissible from Austria’s point of view.

In principle, examinations conducted via videoconference can be recorded on all videoconferencing systems. In locations where court proceedings are generally recorded (in many criminal courts), the existing technical equipment can be used to record the examination conducted via videoconference. The examination can be recorded in all other locations by simply installing a relevant storage medium.

6 In what language should the hearing be conducted: (a) where requests are made under Articles 12 to 14 of the Taking of Evidence Regulation; and (b) where there is direct taking of evidence under Articles 19 to 21 of the Taking of Evidence Regulation?

(a) Under Article 12(2) of the Regulation, evidence is to be taken in accordance with the law of the requested State. The examination must therefore be carried out in German (in some Austrian courts, Croatian, Slovenian or Hungarian is also permitted). The requesting court can apply to use its own official language (or any other language) as part of a special procedure for executing its request for the taking of evidence. However, the requested court can reject this, for example if it is not possible due to major practical difficulties (Article 12(3) of the Regulation).

(b) Under Article 19(8) of the Regulation, the requesting court must carry out the direct taking of evidence in accordance with the law of its own Member State, and thus in one of the official languages permitted by that law. However, as the requested Member State, Austria is entitled under Article 19(4) to require the use of its language as a condition for the taking of evidence.

7 If interpreters are required, who is responsible for providing them and where should they be located (a) where requests are made under Articles 12 to 14 of the Taking of Evidence Regulation; and (b) where there is direct taking of evidence under Articles 19 to 21 of the Taking of Evidence Regulation?

With regard to the indirect taking of evidence, regardless of any reimbursement made in accordance with Article 22(2) of the Regulation, responsibility for providing interpreters lies primarily with the requested court. The courts involved should, however, cooperate in a constructive manner (here as in other areas).

With regard to the direct taking of evidence, according to Article 20 of the Regulation, responsibility for providing interpreters lies primarily with the requesting court. However, Article 20(2) lays down an obligation on the requested Member State to provide assistance.

The decision on which State interpreters are to come from and where they are to be present has to be made on the basis of what is appropriate in the individual case.

8 What procedure applies to the arrangements for the hearing and to notify the person to be examined about the time and place (a) where requests are made under Articles 12 to 14 of the Taking of Evidence Regulation; and (b) where there is direct taking of evidence under Articles 19 to 21 of the Taking of Evidence Regulation? For both options, how much time should be allowed when arranging the date of the hearing to enable the person to receive sufficient notification?

The person to be examined is summoned to an examination conducted via videoconference in Austria in the same way and subject to the same periods of notice as would apply if they were being called before the court trying the case.

9 What costs apply to the use of videoconferencing and how should they be paid?

There are no call charges for videoconferencing via Internet Protocol (IP). For videoconferencing via ISDN, callers will incur charges, just as they do for a telephone call. These charges vary depending on the location of the installation being called.

10 What requirements, if any, are there for ensuring that the person examined directly by the requesting court has been informed that the performance shall take place on a voluntary basis?

This is primarily the responsibility of the requesting court, which is bound by Article 19(2) of the Regulation and which in most cases itself invites the persons concerned to attend the videoconference. If the Austrian central authority or an Austrian court notices that Article 19(2) of the Regulation may have been breached while the direct taking of evidence is being prepared or carried out, the authority or the court must, in cooperation with the requesting court, ensure compliance with this provision in an appropriate manner. Employees of the court in Austria are trained in the application of Regulation (EU) 2020/1783, and they also have access to the European ‘Guide on videoconferencing in cross-border proceedings’ via the intranet of the Ministry of Justice.

11 What procedure exists for verifying the identity of the person to be examined?

Photographic identification is used to verify the person’s identity. The person’s identity is also checked as part of the examination (Section 340(1) ZPO).

12 What requirements for taking oaths apply and what information is needed from the requesting court when an oath is required during direct taking of evidence under Articles 19 to 21 of the Taking of Evidence Regulation?

The provisions pertaining to oath-taking for parties are in Sections 377 and 379 ZPO and those for witnesses can be found in Sections 336 to 338 ZPO.

Parties and witnesses are both obliged to take an oath. While parties cannot be legally forced to take an oath, witnesses can be penalised for unlawfully refusing to take an oath (Sections 325 and 326 ZPO; penalties are the same as those for refusing to testify and include fines or up to 6 weeks’ imprisonment).

According to Section 288(2) of the Criminal Code (Strafgesetzbuch – StGB), giving or confirming false evidence under oath or otherwise falsely taking an oath provided for in the relevant legislation is punishable by a term of imprisonment of between 6 months and 5 years.

False evidence given by a party to the proceedings who has not taken an oath is not considered a punishable offence. However, a witness who has not taken an oath and who gives false evidence can be sentenced to up to 3 years’ imprisonment (Section 288(1) StGB).

In accordance with Article XL of the Introductory Act to the Code of Civil Procedure (Einführungsgesetz zur Zivilprozessordnung – EGZPO), the provisions of the Act of 3 May 1868, Imperial Law Gazette (RGBl.) No 33 (Wording of the oath and other formalities) must be observed (see https://alex.onb.ac.at/cgi-content/alex?aid=rgb&datum=18680004&seite=00000067).

According to Section 336(1) and Section 377(1) ZPO, persons who have previously been convicted of giving false testimony, or who are under the age of 14, or who have an insufficient understanding of the nature and meaning of the oath as the result of a lack of maturity or because of an intellectual disability, are unable to take an oath, and may therefore not be put under oath.

The aforementioned provisions relating to the examination of a witness or a party under oath cannot be applied in cases pursuant to the Non-contentious Proceedings Act (Section 35 AußStrG).

13 What arrangements are there for ensuring that there is a contact person at the place of the videoconference with whom the requesting court can liaise and a person who is available on the day of the hearing to operate the videoconferencing facilities and deal with any technical problems?

At all locations with videoconferencing facilities owned by the Ministry of Justice, one employee is in charge of looking after the videoconferencing equipment. This person can operate the videoconferencing equipment and make minor adjustments to the settings. All videoconferencing equipment is linked to a central unit in the IT department of the Federal Ministry of Justice. From there, IT administrators can fine-tune all videoconferencing systems located across Austria.

14 What, if any, additional information is required from the requesting court?

The following information is required from the requesting court:

• IP address and/or ISDN number with the dialling code;
• name, telephone number and email address of an employee at the requesting court who is responsible for the technical aspects of the remote equipment.

1 Is it possible for evidence to be taken by videoconference either with the participation of a court in the requesting Member State or directly by a court of that Member State? If yes, what are the relevant national procedures or laws that apply?

In Poland, evidence may be taken by videoconference, in accordance with Articles 12 to 14 and Articles 19 to 21 of Regulation (EC) No 2020/1783 of 25 November 2020 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (taking of evidence) (recast). Videoconferencing is governed by the Code of Civil Procedure (hereinafter: ‘CCP’), specifically Articles 151(2) and 235(2) CCP, and the Regulation of the Minister of Justice of 24 February 2010 on the technical equipment and resources to enable evidence to be taken remotely in civil proceedings.

Specific rules for the conduct of remote meetings, including the taking of evidence by videoconferencing, are provided for in Article 15zzs[1] of the Act of 2 March 2020 on special arrangements for preventing and combating COVID-19, other communicable diseases and related crisis situations. They shall apply for the duration of the state of epidemic threat or the state of epidemic declared due to COVID-19 and within one year of lifting the last of the two. As the state of threat of epidemic is currently still in place on the territory of the Republic of Poland until 31 March 2023 and it is possible to extend it further, it is foreseen that these special rules will apply until at least 31 March 2024.

During the period referred to in the previous paragraph, the holding of public hearings of the court by videoconference is a rule which may be derogated from only if it is necessary to hear the case in person or in a public hearing and the holding of hearings in the court building does not unduly endanger the health of the persons attending them.

2 Are there any restrictions on the type of person who can be examined by videoconference – for example, is it only witnesses or can others such as experts or parties also be examined in this way?

Polish law imposes no restrictions of this kind: experts, parties and witnesses may be examined by videoconference.

3 What restrictions, if any, are there on the type of evidence that can be obtained by videoconference?

Polish law does not provide for specific rules on the limits on the type of evidence that can be taken by videoconference, but only requires that the nature of the evidence does not preclude this (Article 235(2) CCP). Indeed, in practice, the taking of certain evidence by videoconferencing (e.g. visual inspection evidence) may prove impossible or significantly difficult. The final assessment is left to the court.

4 Are there any restrictions on where the person should be examined by videoconference – i.e. does it have to be in a court?

If the hearing takes place by videoconferencing, the person interviewed and other parties to the proceedings who are not in the courtroom must be present in the premises of another court or, if they are deprived of liberty, in prison or a pre-trial custody facility. In the case of a person deprived of liberty, a representative of the administration of the prison or of the pre-trial detention facility, the person’s representative, if any, and an interpreter, if any, shall also take part in the proceedings.

Exceptionally, during the COVID-19 state of epidemic threat or the state of epidemic and within one year of lifting the last of the two (see point 1 above), the videoconferencing participants are not required to be in a court building. It is sufficient for the meeting participant to have technical facilities to attend the meeting remotely outside the court building. Otherwise, the participant should, at least 5 days before the scheduled date of the meeting, submit a request to attend a remote meeting in the court building. The court prohibits the recording of sound if the sitting or part of it is held in camera or is objected to for reasons of due process (Article 9[1] of the Code of Civil Procedure).

5 Is it permitted to record videoconference hearings and, if so, is the facility available?

As a rule, the minutes of a meeting are drawn up using either sound or image and sound recording equipment. In this case, the hearing by videoconference is also recorded ex officio by the court. However, where the minutes of a meeting are drawn up only in writing (e.g. in the absence of appropriate facilities in the court room), the proceedings of the sitting, including those held by videoconference, are not recorded and the proceedings are recorded in the minutes. In this case, however, it is possible for a party to record the course of the meeting using a sound recording device (e.g. a mobile phone with a dictaphone function). The court’s consent is not required, the party is only obliged to inform the court of its intention to record the sound.

6 In what language should the hearing be conducted: (a) where requests are made under Articles 12 to 14 of the Taking of Evidence Regulation; and (b) where there is direct taking of evidence under Articles 19 to 21 of the Taking of Evidence Regulation?

(a) in the case of a personal interview under Articles 12-14, the rule is that the interview is conducted in Polish. Polish law does not provide for the possibility of conducting hearings before a Polish court in a language other than Polish.

(b) In the case of direct taking of evidence under Articles 19-21, the requesting court shall determine the language in which the hearing is conducted. However, in accordance with Article 19(4) of Regulation 2020/1784, the Polish central body may impose the condition that the hearing take place in Polish or that a translation into Polish be provided. This applies in particular to the situation referred to in Article 19(4)(2) of the Regulation, i.e. where a Polish court is involved in the direct taking of evidence.

7 If interpreters are required, who is responsible for providing them and where should they be located (a) where requests are made under Articles 12 to 14 of the Taking of Evidence Regulation; and (b) where there is direct taking of evidence under Articles 19 to 21 of the Taking of Evidence Regulation?

In the case of a hearing in accordance with Articles 12 to14, the interpreter is provided by the Polish court as the requested court. The rules do not specify where the interpreter should be located, except where the person requiring an interpreter is deprived of liberty (see point 4 above).

Where there is direct taking of evidence under Articles 19 to 21 of the Regulation, the requesting court provides the interpreter. The requesting court also decides where the interpreter will be at the time of the hearing. Pursuant to Article 19(4) of Regulation 2020/1784, the Polish central body may impose the condition that the interpreter be located in a specific place.

8 What procedure applies to the arrangements for the hearing and to notify the person to be examined about the time and place (a) where requests are made under Articles 12 to 14 of the Taking of Evidence Regulation; and (b) where there is direct taking of evidence under Articles 19 to 21 of the Taking of Evidence Regulation? For both options, how much time should be allowed when arranging the date of the hearing to enable the person to receive sufficient notification?

(a) In the case of an oral hearing in accordance with Articles 12 to 14, the Polish court, as the requested court, notifies the person to be heard of the date and place of the hearing by serving the summons in accordance with Polish law (in particular Articles 131-138 of the Code of Civil Procedure), in practice most often by registered post. Notice should be given no later than 7 days before the scheduled date of the meeting. Exceptionally, this period may be reduced to 3 days (Article 149 of the Code of Civil Procedure). In practice, this means that the date of the hearing must be set approximately one month in advance. The court may also inform the person by other means, as it considers most appropriate (e.g. by telephone or e-mail), if it considers this necessary to speed up the hearing of the case. In order for the summons to be regarded as effective, it must be certain that it has been brought to the attention of the addressee (Article 149[1] of the Code of Civil Procedure). If this condition is met, the time limit for the hearing may be set at much shorter notice, even a few days in advance.

(b) In the case of direct taking of evidence under Articles 19 to 21, the obligation to notify the date and place of the hearing lies with the requesting court, which applies its own law in that regard. In the event that the organisation of the hearing will require cooperation with a Polish court (e.g. to ensure the participation of the court in the hearing or even to provide the premises and facilities necessary for the videoconferencing), the requesting court must take into account the availability of equipment and personnel on the Polish side when setting the date for the hearing. This availability varies considerably and requires a case-by-case determination.

9 What costs apply to the use of videoconferencing and how should they be paid?

In accordance with the rules laid down in Article 22 of Regulation 2020/1784, the Polish courts request reimbursement of the costs specified therein and ask for an advance on the costs of the expert’s opinion. Other costs relating to the use of videoconferencing shall be borne by Poland.

10 What requirements, if any, are there for ensuring that the person examined directly by the requesting court has been informed that the performance shall take place on a voluntary basis?

The requesting court is obliged to inform the person to be heard that the hearing can only take place on a voluntary basis, without recourse to coercive measures. Where a Polish court is involved in the direct taking of evidence, it may require assurance that the hearing takes place on a voluntary basis (Article 19(2) and 19(4) of Regulation 2020/1784).

11 What procedure exists for verifying the identity of the person to be examined?

The court verifies a person’s identity on the basis of a document confirming their identity, or their identity and nationality. Namely: For a Polish national, an identity card or passport; for a foreign national, a passport, travel document or other valid document proving their identity, or their identity and nationality. The hearing of a witness also begins with questions concerning their person and relationship with the parties.

12 What requirements for taking oaths apply and what information is needed from the requesting court when an oath is required during direct taking of evidence under Articles 19 to 21 of the Taking of Evidence Regulation?

For hearings under Articles 19 to 21, if the requesting court informs the Polish central body of its intention to take evidence from a witness under oath, the central body may request the text of the oath. If the oath conflicts with basic principles of Polish law, the central body is entitled to refuse to agree to the hearing or to request that the text of the oath used in Polish law be employed.

13 What arrangements are there for ensuring that there is a contact person at the place of the videoconference with whom the requesting court can liaise and a person who is available on the day of the hearing to operate the videoconferencing facilities and deal with any technical problems?

If videoconferencing takes place at the premises of a Polish court, a Polish prison or a Polish pre-trial custody facility, these institutions provide specialised videoconferencing services. The contact details of the person responsible are communicated to the requesting court as part of the technical arrangements preceding the videoconference.

14 What, if any, additional information is required from the requesting court?

Generally speaking, no such additional information is required under Polish law. If additional information is nevertheless needed (for example regarding technical arrangements with the Polish court), such information must be written in Polish or accompanied by a translation into Polish.

1 Is it possible for evidence to be taken by videoconference either with the participation of a court in the requesting Member State or directly by a court of that Member State? If yes, what are the relevant national procedures or laws that apply?

Under Portuguese law, the judge of the requesting court must take the evidence of persons heard by videoconference directly, without the intervention of the judge from the requested court. This is the rule for internal cases in which there is examination by videoconference. The same procedure applies in cross-border cases where the court of the requesting Member State asks for the examination to take place by videoconference under Article 19 of Regulation (EU) 2020/1783 of the European Parliament and of the Council of 25 November 2020.

Alternatively, in cross-border cases, the court of the requesting Member State may ask for the examination to take place by videoconference under Articles 12 to 14 of the above Regulation.

The main national procedural rules governing the collection of evidence by videoconference from experts, witnesses and parties are as follows:

Experts

Experts from establishments, laboratories or official services are heard by teleconference at their workplace (Article 486(2) of the Code of Civil Procedure – Código de Processo Civil).

Witnesses

Witnesses residing outside the district where the court or bench is located may be heard by means of technological equipment permitting audio and visual communication, in real time, from the court, bench or registered municipal or parish facilities, or other public building in the area in which they reside (Article 502 of the Code of Civil Procedure).

On the date of the examination, witnesses identify themselves to the court official or the civil servant of the facilities where the evidence is given, but from that point onwards the examination is conducted by the judge hearing the case and by the representatives of the parties by means of technological equipment permitting audio and visual communication in real time, without the need for intervention by the judge of the place where the evidence is given.

Without prejudice to the provisions of international or European instruments, witnesses residing abroad are examined by means of technological equipment permitting audio and visual communication in real time, whenever the necessary technological means are available at the place where they reside.

In cases being heard in courts in the metropolitan areas of Lisbon and Porto, no examinations are conducted by means of technological equipment permitting audio and visual communication in real time if the witness is a resident of the respective metropolitan area.

However, where it is impossible or extremely difficult for the person who must give evidence to appear at a court hearing in good time, the judge may determine, with the agreement of the parties, that any clarification needed in order to make a proper decision on the case be given by telephone or other means of direct communication between the court and the person giving evidence, as long as the nature of the facts to be investigated or clarified is compatible with the procedure (Article 520 of the Code of Civil Procedure).

Parties

The rules for the giving of evidence by teleconference laid down in Article 502 of the Code of Civil Procedure apply to parties residing outside the district or, in the case of the Autonomous Regions, outside the island concerned (Article 456 of the Code of Civil Procedure).

2 Are there any restrictions on the type of person who can be examined by videoconference – for example, is it only witnesses or can others such as experts or parties also be examined in this way?

No specific restrictions are laid down. Portuguese law allows witnesses, parties and experts to be heard by videoconference, as provided for by the legal rules cited above.

3 What restrictions, if any, are there on the type of evidence that can be obtained by videoconference?

See the reply given to the previous question.

4 Are there any restrictions on where the person should be examined by videoconference – i.e. does it have to be in a court?

The general rule is that the person must be heard by videoconference in court. However, experts from official services may be heard by videoconference at their workplace. Exceptionally, in the circumstances provided for under Article 520 of the Code of Civil Procedure (cited in the reply to question 1), the court may hear a person who is in a place other than the court by videoconference.

5 Is it permitted to record videoconference hearings and, if so, is the facility available?

Yes, videoconference hearings are always recorded using the existing sound recording system of the courts, as provided for under Article 155 of the Portuguese Code of Civil Procedure.

6 In what language should the hearing be conducted: (a) where requests are made under Articles 12 to 14 of the Taking of Evidence Regulation; and (b) where there is direct taking of evidence under Articles 19 to 21 of the Taking of Evidence Regulation?

When Portugal is the requested Member State, the language of the hearing will vary, depending on the circumstances:

(a) When requests are made pursuant to Articles 12 to 14 of Regulation (EU) 2020/1783, the Portuguese language is used. If foreign nationals need to be heard, they may speak in a different language if they do not speak Portuguese. In this instance the requesting court must inform the requested court of the fact, so that the latter can call an interpreter to be present at the requested court.

(b) When requests are made pursuant to Articles 19 to 21 of Regulation (EU) 2020/1783, the language used is that provided for in the national legislation of the Member State to which the requesting court belongs. If persons who do not speak that language need to be heard, the requesting court may, in accordance with its national legislation, call an interpreter to be present at the requesting court. Alternatively, the requesting court may ask the (requested) Portuguese court to call an interpreter to be present at the requested court.

In any of the cases provided for under (a) and (b) in which there is a need to call an interpreter to be present at the court of the requested Member State, the requested court will ask the court of the requesting Member State to pay the fee due to the interpreter, as provided for under Article 22(2) of Regulation (EU) 2020/1783.

7 If interpreters are required, who is responsible for providing them and where should they be located (a) where requests are made under Articles 12 to 14 of the Taking of Evidence Regulation; and (b) where there is direct taking of evidence under Articles 19 to 21 of the Taking of Evidence Regulation?

This information has already been given in the answer to question 6.

8 What procedure applies to the arrangements for the hearing and to notify the person to be examined about the time and place (a) where requests are made under Articles 12 to 14 of the Taking of Evidence Regulation; and (b) where there is direct taking of evidence under Articles 19 to 21 of the Taking of Evidence Regulation? For both options, how much time should be allowed when arranging the date of the hearing to enable the person to receive sufficient notification?

Under Portuguese law, the procedure applicable to the process of hearing and summoning a person to appear in court is essentially laid down in Articles 7(3), 172(5) and (6), 220, 247(2), 251(1), 417, 507, 508 and 603 of the Portuguese Code of Civil Procedure.

In general, it is the responsibility of the court registry to notify, on its own initiative, witnesses, experts, parties and their representatives when they are required to appear in judicial proceedings pursuant to a court order. Specifically, when the party requires the examination of a witness by videoconference, the court registry is responsible for summoning the witness.

Notifications for the purpose of summoning witnesses, experts and other incidental persons (e.g. an interpreter or a technical advisor) to court are sent by registered post, stating the date, place and the purpose of the appearance at court. Notifications are deemed to have been served even if the recipient refuses to accept the letter; the distributor of the postal service must keep a record to that effect.

Notifications for the purpose of summoning a party to appear in judicial proceedings or to give evidence are sent by registered post and addressed to the party concerned, stating the date, place and the purpose of the appearance at court. In this case, if the party has appointed a barrister, or if they are represented simultaneously by a barrister and a solicitor, both the barrister and the solicitor also have to be notified.

Representatives of the parties are notified electronically, pursuant to Article 25 of Ministerial Implementing Order (Portaria) No 280/2013 of 26 August 2013. The IT system certifies the date on which the notification is issued.

The law does not expressly lay down how far in advance of the hearing the notification must be given. In any of the above cases, the notification is deemed to have been served on the third day after its registration or of it having been issued electronically. If the third day is not a working day, the notification will be deemed to have been served on the first subsequent working day. For practical reasons, it is therefore necessary to comply at least with this period of notice in relation to the hearing date, so that the notification can be deemed to have been duly served.

In urgent cases, witnesses, experts, other incidental persons, the parties or their representatives can be summoned (or their summons cancelled) by telegram, telephone or other similar means of telecommunication. Contact by telephone is always documented in the case record and is followed by confirmation in writing of some form.

If a person who should have been present fails to appear, that person must justify his or her absence in the hearing itself or within a period of 5 days (calendar days, but if the last day is not a working day, the deadline is extended to the next working day).

Portuguese law lays down the following coercive measures for cases of non-appearance. Where a witness fails to appear, having been duly notified and having failed to justify their absence within the legal deadline, they are sentenced to a fine and the judge may order their appearance under custody. These penalties do not apply if the trial is adjourned for reasons other than the non-appearance by the witness. Where an expert or another incidental person fails to appear, having been duly notified and having failed to justify their absence within the legal deadline, they are sentenced to a fine. Where one of the parties fails to appear, having been duly notified and having failed to justify their absence within the legal deadline, they are sentenced to a fine and their refusal may be freely interpreted by the court for evidential purposes. In addition, if the court deems that the party's refusal to appear makes it impossible to discharge the burden of proof, it may invert the burden of proof.

9 What costs apply to the use of videoconferencing and how should they be paid?

No costs are charged for the use of videoconferencing.

10 What requirements, if any, are there for ensuring that the person examined directly by the requesting court has been informed that the performance shall take place on a voluntary basis?

When a Portuguese court is the requesting party of a request pursuant to Article 19 of Regulation (EU) 2020/1783, it summons the person to be heard to appear in the named court in the other (requested) Member State by post, using one of the methods mentioned in response to question 8, as appropriate. This possibility of notification by post is provided for under Article 14 of Regulation (EC) No 1393/2007 of 13 November 2007. The person to be heard is informed in the notification that their appearance is on a voluntary basis.

When the Portuguese court is the requested party, it is the responsibility of the requesting court to notify the persons to be heard and to inform them that appearance is on a voluntary basis.

By mutual agreement between the requesting and requested courts, notification of the person to be heard and the information that this is on a voluntary basis can be served by the court of the requested Member State. This can happen in practice regardless of whether the Portuguese court is the requesting or the requested party.

11 What procedure exists for verifying the identity of the person to be examined?

At the appointed time for the examination, the court official checks that the person to be examined is present and informs the judge who will conduct the examination or the requesting court if the latter is conducting the examination directly.

Where the examination is conducted by a Portuguese judge, once proceedings have started and before the person starts giving evidence as such, the following steps are taken: (i) the person giving evidence, witness or expert takes an oath before the judge; (ii) the judge asks preliminary questions to identify the person being heard.

It is up to the judge to conduct the preliminary questioning, in order to identify the person being heard, by asking their name, profession, address, marital status and other details the judge may deem necessary for identification purposes.

The judge also asks the person being heard whether they are a relative, friend or enemy of any of the parties and whether they have a direct or indirect interest in the case, in order to assess the credibility of the evidence.

If, during the preliminary questioning, the judge establishes that a witness is unfit or is not the right person to be examined, they will not allow them to give evidence. A witness is unfit if, despite not being hindered by a psychological anomaly, they do not have a natural capacity (physical or mental aptitude) to give evidence.

The preliminary questioning also allows the judge to check for the following cases in which, according to the Portuguese Code of Civil Procedure, the witnesses or parties may refuse to give evidence.

The following persons may refuse to give evidence (except in proceedings aimed at verifying a child’s birth or death), in accordance with Article 497 of the Portuguese Code of Civil Procedure:

1. relatives in the ascending line in cases involving their descendants, adoptive parents in cases involving their adopted children and vice versa;
2. a father-in-law or mother-in-law in a case involving their son-in-law or daughter-in-law and vice versa;
3. spouses or ex-spouses in cases involving the other spouse or ex-spouse;
4. anyone who is cohabiting, or has cohabited in a similar way to married couples, with any of the parties to the case.

It is the judge's duty to advise the persons mentioned in the above points that they are entitled to refuse to give evidence.

Persons who are bound by professional secrecy, secrecy as public officials or State secrets must be excused from giving evidence in relation to facts covered by such secrecy. In those instances, the judge will verify the legitimacy of the excuse and, should the judge deem it necessary, waive their duty to secrecy.

Parties may only give evidence in relation to personal facts. In a civil action it is not admissible for the evidence of a party to focus on criminal or wrongful acts in respect of which the party is a defendant in a criminal case.

12 What requirements for taking oaths apply and what information is needed from the requesting court when an oath is required during direct taking of evidence under Articles 19 to 21 of the Taking of Evidence Regulation?

Under Portuguese law:

• Before evidence is taken, the judge warns the person being examined of the moral importance of the oath that they are about to take, of the duty to be faithful to the truth and of the penalties for making false statements.
• The judge then asks the witness to take the following oath: "I swear on my honour that I will speak the whole truth and nothing but the truth."
• Refusing to take the oath is equivalent to a refusal to give evidence; both are punishable as contempt of court unless justified, should the judge charge the person accordingly.

When a court of another Member State takes evidence directly from Portugal by videoconference, in accordance with Articles 19 to 21 of Regulation (EU) 2020/1783, the court of the requesting Member State must inform the (requested) Portuguese court of the following identification details of the person who will give evidence: name, occupation, address, marital status and other information it deems necessary for the purposes of identification; the capacity in which the person will be heard (e.g. party, witness, expert, technical advisor); the language the person speaks; and whether it is necessary to call an interpreter to the requested court.

These details are necessary so that the (requested) Portuguese court can, on the one hand, take steps to call an interpreter and, on the other hand, verify the presence of the person to be examined at the appointed time for the videoconference.

However, as the Portuguese judge does not intervene in the proceedings, the oath must be taken by videoconference before the judge of the court of the requesting Member State. The same applies to the preliminary questioning, if this takes place, and to matters of fitness or refusal to give evidence or the excusing of witnesses from giving evidence, which are dealt with under the authority of the judge of the requesting court, in accordance with the civil procedural law of the requesting Member State, as provided for in Article 19(8) of Regulation (EU) 2020/1783.

13 What arrangements are there for ensuring that there is a contact person at the place of the videoconference with whom the requesting court can liaise and a person who is available on the day of the hearing to operate the videoconferencing facilities and deal with any technical problems?

The requesting and the requested courts (once the latter has been identified by the central authority) should establish direct contact with each other to schedule a videoconference and should also arrange a date for a prior test.

For practical reasons, whenever possible, it is preferable to undertake the test before the witness has been notified; to that end, the date of the test should be scheduled far enough in advance to allow the witness to be notified in time.

On the day of the test and on the date of the videoconference hearing, an IT technician, a telecommunications technician or a court official with appropriate knowledge should be present in each of the courts.

In Portugal, the Institute of Financial Management and Justice Infrastructure (Instituto de Gestão Financeira e Estruturas da Justiça – IGFEJ) has a dedicated team available for videoconferencing in courts.

For organisational reasons, whenever possible, the IGFEJ should be notified of the date of the test and of the hearing with three days' notice. This allows the IGFEJ to check that the necessary technical conditions for videoconferencing are in place, to intervene immediately in the event of any communication difficulties between the courts and to monitor the videoconference tests.

Scheduling of a videoconference in another Member State at the request of a Portuguese court

The (requesting) Portuguese court must first ask the IGFEJ to create the necessary technical conditions for the videoconference, to intervene to overcome any communication difficulties between the courts and to monitor the videoconference tests.

In order to overcome technical difficulties, the Portuguese court asks the court of the requested Member State also to appoint someone responsible in their videoconferencing service to monitor the test and/or to provide the necessary technical assistance in collaboration with the Portuguese technicians.

When the Portuguese courts are the requesting party, they often seek the assistance of the EJN-Civil (European Judicial Network in civil and commercial matters) Contact Point in Portugal, which gets in touch with the requested courts directly in order to schedule the test and videoconference. When technical difficulties are brought to its attention, the Contact Point liaises directly with the teams responsible for the videoconference in each one of the Member States involved, requesting the necessary connections, information or technical adjustments and informing the courts involved accordingly. This allows the language barrier to be overcome and the videoconference to be conducted successfully.

Scheduling of a videoconference in a Portuguese court on request from another Member State

In Portugal, the Directorate-General for the Administration of Justice (Direcção-Geral da Administração da Justiça – DGAJ) is the central authority responsible for receiving and accepting requests from another Member State pursuant to Article 19 of Regulation (EU) 2020/1783. Once the request has been accepted, the DGAJ indicates to the court of the requesting Member State the (requested) Portuguese court where the videoconference will take place. Once this has been done, the requesting and requested courts must agree with each other directly on the dates for conducting first the test and then the videoconference hearing.

The DGAJ, as a central authority, facilitates the direct contact between the requesting and requested courts, as well as contact with the IGFEJ videoconferencing support team, so as to overcome any technical difficulties. In addition, the EJN-Civil Contact Point in Portugal can also facilitate the necessary contacts, should it be asked to do so.

Through direct contacts the courts book the videoconference room and appoint the staff to set up the technical connections and monitor the videoconference at the requesting and requested courts, respectively. In Portugal, as a rule, a court official with appropriate knowledge is chosen, preferably accompanied by the IT technician of the Portuguese court.

When the videoconference is conducted by IP, it must necessarily be done from Portugal. To that end, the Portuguese court asks the IGFEJ in advance for the opening of an external connection.

Where videoconferences are conducted via a telephone line (ISDN), the connection to the Portuguese courts can be made from courts in other Member States.

Whenever there are technical difficulties, the IT technician of the Portuguese court or an IGFEJ technician can provide the necessary assistance.

14 What, if any, additional information is required from the requesting court?

When making a videoconferencing request, the requesting court should indicate in field 12 of Form L that it wishes for evidence to be taken by using the communications technology set out in Form N, both annexed to Regulation (EU) 2020/1783. Form N, in turn, should be filled in with:

1. Technical details of the videoconferencing equipment used by the requesting court, namely:

• Communication protocol used (e.g. H.323, H.320)
• Video protocols (e.g. H.261, H.263 and H.264)
• Audio protocols (e.g. G.711a, G.711u, G.722, G.729)
• Content sharing protocol, if necessary [e.g. H.239 or BFCP (SIP)]
• Security: H.235 and the respective encryption supported
• Maximum bandwidth supported
• Standalone, MCU or Gateway equipment
• In the case of MCU or Gateway, whether it has IVR.

2. ISDN and/or public IP connection details of the court.

The technical details for the videoconference are as follows:

Communication protocol used: H.323

Security: H.235 AES

Maximum bandwidth supported: 256kbps

3. Request for scheduling of a videoconference test before the giving of evidence.

4. Name and direct contact details (telephone, fax and email) of the person who will provide support for the videoconference (preferably a court official together with an IT or telecommunications technician that provides support for the court).

5. As an alternative to ISDN or IP connections and to overcome communication restrictions resulting from network and firewall settings, the equipment installed in courts enables the use of platforms such as Webex, Zoom, Teams or Skype to establish videoconferencing connections.

In this case, the courts taking part in the videoconference should agree in advance on the platform to be used since the court official in Portugal will need to ask the local IT technician to install the necessary software on the videoconferencing equipment.

In any event, a connection test should always be requested in advance to ascertain whether technical intervention is required.

Related links

Code of Civil Procedure

Regulation (EU) 2020/1783 of the European Parliament and of the Council of 25 November 2020

Note

The EJN-Civil Contact Point, the courts or other entities and authorities are not bound by the information contained in this factsheet. It is also still necessary to read the legal texts in force. These are subject to regular updates and evolutionary interpretation of case-law.

1 Is it possible for evidence to be taken by videoconference either with the participation of a court in the requesting Member State or directly by a court of that Member State? If yes, what are the relevant national procedures or laws that apply?

Although Slovak law does not contain specific rules allowing evidence to be taken with the court in the requesting Member State participating, there are no provisions preventing this. According to the procedural rules, courts take evidence at a hearing, and also, where practicable, outside hearings (Section 188 of the Civil Litigation Code (Civilný sporový poriadok)). With the parties’ consent, the court may hold a hearing by videoconference or other communications technology. (Section 175 of the Civil Litigation Code). In principle, the parties have the right to be present while evidence is being taken.

There are no specific procedures for taking evidence by videoconference (apart from those described above). Therefore, only the Regulation on Taking Evidence (Nariadenie o výkone dôkazu), the Civil Litigation Code and the Administrative and Secretarial Rules for Courts (Spravovací a kancelársky poriadok pre súdy) apply (in 2015, Slovak Justice Ministry Decree No 543 of 11 November 2005 on Administrative and Secretarial Rules for district courts (okresné súdy), regional courts (krajské súdy), the special court (Špeciálny súd) and military courts (vojenské súdy)).

All other issues must be resolved by agreement between the courts in question with the aid of the EJN.

2 Are there any restrictions on the type of person who can be examined by videoconference – for example, is it only witnesses or can others such as experts or parties also be examined in this way?

There are no restrictions in Slovak law on the type of person who may be examined via videoconference. Under Section 187 of the Civil Litigation Code, anything that may contribute to the proper clarification of the case and that has been obtained lawfully may serve as evidence. Parties, witnesses and experts may be examined in particular.

Pursuant to Section 203 of the Civil Litigation Code, the obligation to keep classified information confidential must be observed when evidence is taken.

Under Section 38 of the Civil Litigation Code, if a party is a minor, the court shall take their opinion into account. The opinion of the minor is established by the court through their legal representative or the competent authority for the social protection of children and social guardianship, or by questioning the minor, including without the presence of the parents. Specific restrictions would clearly depend on the child’s age and the method selected by the court for the examination.

3 What restrictions, if any, are there on the type of evidence that can be obtained by videoconference?

None, apart from those restrictions associated with the very nature of the evidence (the fact that it is impossible to conduct a premises search by videoconference, etc.).

4 Are there any restrictions on where the person should be examined by videoconference – i.e. does it have to be in a court?

Evidence is usually taken at a hearing (Section 188 of the Civil Litigation Code) and hearings usually take place at a courthouse (Section 25 in conjunction with Section 35 of the Administrative and Secretarial Rules for Courts). For technical reasons it would be difficult to conduct an interview elsewhere.

5 Is it permitted to record videoconference hearings and, if so, is the facility available?

The videoconferencing equipment is also capable of recording videoconferences. Nevertheless, under the terms of Section 175 of the Civil Litigation Code, an oral hearing via videoconference may only take place with the parties’ consent. Such an audio recording is stored on a data carrier, which is part of the case file.

6 In what language should the hearing be conducted: (a) where requests are made under Articles 12 to 14 of the Taking of Evidence Regulation; and (b) where there is direct taking of evidence under Articles 19 to 21 of the Taking of Evidence Regulation?

This question is not specifically about taking evidence abroad or via videoconference. Under the general rules for hearings pursuant to Articles 12 to 14, court hearings in Slovakia are always held in the official language and interpreters are provided if required.

If a court takes evidence directly pursuant to Articles 19 and 20, it does so in its own language.

7 If interpreters are required, who is responsible for providing them and where should they be located (a) where requests are made under Articles 12 to 14 of the Taking of Evidence Regulation; and (b) where there is direct taking of evidence under Articles 19 to 21 of the Taking of Evidence Regulation?

If the hearing is carried out by videoconferencing in accordance with Articles 12 to 14 and there is a need for interpretation (e.g. a court examining a French person living in the Slovak Republic), the Slovak court will provide an interpreter but request reimbursement from the requesting court in accordance with Article 22(2) of the Regulation. Where videoconferencing is carried out in accordance with Article 19, the central authority agrees the terms and conditions with the requesting court and proposes that the requesting court provide an interpreter if necessary. Interpreters based in Slovakia can be found on the website of the Ministry of Justice of the Slovak Republic.

8 What procedure applies to the arrangements for the hearing and to notify the person to be examined about the time and place (a) where requests are made under Articles 12 to 14 of the Taking of Evidence Regulation; and (b) where there is direct taking of evidence under Articles 19 to 21 of the Taking of Evidence Regulation? For both options, how much time should be allowed when arranging the date of the hearing to enable the person to receive sufficient notification?

Slovak law does not contain specific provisions governing these issues. The general rules on conducting hearings and summoning witnesses and parties apply. The court usually takes evidence at a hearing (Section 188 of the Civil Litigation Code) and the summons to attend a hearing must be served sufficiently in advance to afford the statutory period for preparing for a court hearing. Section 46(3) of the Administrative and Secretarial Rules for Courts governs the requirements for summonses. A summons to be heard must be served ‘as a rule at least five days before the date on which the hearing is to be held’ (Section 178(2) of the Civil Litigation Code).

9 What costs apply to the use of videoconferencing and how should they be paid?

The Slovak courts do not apply charges for videoconferencing.

10 What requirements, if any, are there for ensuring that the person examined directly by the requesting court has been informed that the performance shall take place on a voluntary basis?

Slovak law does not contain specific provisions governing these issues. As a general rule, at the start of the hearing the court must inform the person of their procedural rights and obligations, unless the person is represented by a lawyer or the litigant is the State, a State authority or a legal person represented by a person with legal training (Section 160 of the Civil Litigation Code).

11 What procedure exists for verifying the identity of the person to be examined?

Slovak law does not contain specific provisions governing these issues with regard to videoconferencing. The specific procedure will be decided by ad hoc agreement between the courts concerned. The general provisions on verifying the identity of the person being examined (Section 200 of the Civil Litigation Code) evidently apply. [The court] verifies the data from the identity card or passport. At the start of a hearing, a witness’s identity must be established as well as any circumstances that could impact on the witness’s credibility (family relationships etc.).

12 What requirements for taking oaths apply and what information is needed from the requesting court when an oath is required during direct taking of evidence under Articles 19 to 21 of the Taking of Evidence Regulation?

Slovak law only contains specific provisions governing these issues in criminal proceedings, not in civil proceedings.

However, pursuant to Section 196(2) of the Civil Litigation Code, courts instruct witnesses at the start of each hearing about the significance of witness statements and the witnesses’ rights and obligations (to tell the truth and not conceal anything) and about the criminal consequences of perjury.

If the requesting court requests the hearing of a witness, expert or party under oath in accordance with its law, this is not deemed contrary to Slovak public policy (ordre public). The text of the oath can be found in the Private International Law and Procedure Act (Section 58b of Act No 97/1963).

13 What arrangements are there for ensuring that there is a contact person at the place of the videoconference with whom the requesting court can liaise and a person who is available on the day of the hearing to operate the videoconferencing facilities and deal with any technical problems?

All Slovak courts have an administrator who can be approached to plan the testing of the video link, the date of the hearing, etc. The administrator is trained in operating the videoconferencing facilities. In the event of any problems, the administrator can contact the court technician and may arrange for the technician to be present on the day of the hearing.

14 What, if any, additional information is required from the requesting court?

The technical information necessary for establishing a link with the requesting court’s equipment and, where applicable, information regarding the interpreter are required.

1 Is it possible for evidence to be taken by videoconference either with the participation of a court in the requesting Member State or directly by a court of that Member State? If yes, what are the relevant national procedures or laws that apply?

Both procedures are possible. Any request should clearly indicate which procedure the requesting court is referring to.

When a request is made pursuant to Articles 12 to 14 of the Regulation, the provisions of the Code of Judicial Procedure on the taking of evidence apply to the hearing.

2 Are there any restrictions on the type of person who can be examined by videoconference – for example, is it only witnesses or can others such as experts or parties also be examined in this way?

There are no such restrictions in civil and commercial matters. Witnesses, experts and parties can all be examined via videoconferencing.

3 What restrictions, if any, are there on the type of evidence that can be obtained by videoconference?

There are no restrictions.

4 Are there any restrictions on where the person should be examined by videoconference – i.e. does it have to be in a court?

No.

5 Is it permitted to record videoconference hearings and, if so, is the facility available?

While recording a videoconferencing hearing is not prohibited, the necessary equipment is not available in all courts. This should be specifically enquired about at the time the request is made.

6 In what language should the hearing be conducted: (a) where requests are made under Articles 12 to 14 of the Taking of Evidence Regulation; and (b) where there is direct taking of evidence under Articles 19 to 21 of the Taking of Evidence Regulation?

When a request is made in accordance with Articles 12 to 14, the hearing takes place in Finnish or Swedish. In the case of direct taking of evidence under Articles 19 to 21, the requesting court selects the language to be used.

7 If interpreters are required, who is responsible for providing them and where should they be located (a) where requests are made under Articles 12 to 14 of the Taking of Evidence Regulation; and (b) where there is direct taking of evidence under Articles 19 to 21 of the Taking of Evidence Regulation?

Where a request is made pursuant to Articles 12 to 14, the organisation and deployment of interpreters may be agreed between the requesting and requested courts. When a request is made under Articles 19 to 21, the requesting court itself is responsible for recruiting and deploying interpreters.

8 What procedure applies to the arrangements for the hearing and to notify the person to be examined about the time and place (a) where requests are made under Articles 12 to 14 of the Taking of Evidence Regulation; and (b) where there is direct taking of evidence under Articles 19 to 21 of the Taking of Evidence Regulation? For both options, how much time should be allowed when arranging the date of the hearing to enable the person to receive sufficient notification?

Where requests are made under Articles 12 to 14, the requested court must send a written summons to the hearing. It would be preferable to allow a minimum period of two to three weeks from the notification to the date of the hearing. Where a request is made under Articles 19 to 21, the requesting court is responsible for service and arrangements.

9 What costs apply to the use of videoconferencing and how should they be paid?

When a person is heard in a court with video equipment in accordance with Articles 12 to 14 of the Regulation, the use of videoconferencing does not normally entail any separate costs. When a person is heard outside the court in accordance with Articles 19 to 21, the costs of the videoconferencing must be borne by the requesting court.

10 What requirements, if any, are there for ensuring that the person examined directly by the requesting court has been informed that the performance shall take place on a voluntary basis?

Under Article 19(2), the requesting court must inform the person concerned that the hearing is voluntary.

11 What procedure exists for verifying the identity of the person to be examined?

When a request is made pursuant to Articles 12 to 14, the requested court must establish the identity of the person to be heard and verify it, where appropriate, based on their identity document or passport. When a request is made pursuant to Articles 19 to 21, the requesting court must verify the identity of the person to be heard itself.

12 What requirements for taking oaths apply and what information is needed from the requesting court when an oath is required during direct taking of evidence under Articles 19 to 21 of the Taking of Evidence Regulation?

No specific requirements relating to the taking of oath apply to the direct taking of evidence under Articles 19 to 21. An oath is taken in accordance with the law of the court hearing the witness.

13 What arrangements are there for ensuring that there is a contact person at the place of the videoconference with whom the requesting court can liaise and a person who is available on the day of the hearing to operate the videoconferencing facilities and deal with any technical problems?

The requested court must indicate a contact person for this purpose.

14 What, if any, additional information is required from the requesting court?

- The requesting court should indicate the contact person for both technical arrangements and specific (legal) questions.

- The request should indicate the contact details (e-mail and/or telephone number) of the contact person via whom they will also be contacted during the hearing, for example in the event of problems with video link.

- If there is a time zone difference between the countries, the request should indicate whether the time indicated for the hearing is the time in the requesting State or in the requested State.

1 Is it possible for evidence to be taken by videoconference either with the participation of a court in the requesting Member State or directly by a court of that Member State? If yes, what are the relevant national procedures or laws that apply?

Yes, evidence can be taken by videoconference either with the participation of a court in the requesting Member State or directly by a court of that Member State.

Section 5 of the Act (2003:493) on the EU Regulation concerning the taking of evidence in civil or commercial matters (‘the Taking of Evidence Regulation’) states that the taking of evidence is to be carried out by district courts and that the provisions of the Code of Judicial Procedure on the taking of evidence outside the main hearing are to apply (Chapter 35, Sections 8-11, of the Code) unless otherwise provided in the Regulation.

It should be noted that in cases in which the Taking of Evidence Regulation is not applicable, relevant provisions are contained in other acts, for example the Act (1946:816) on the taking of evidence for a foreign court.

2 Are there any restrictions on the type of person who can be examined by videoconference – for example, is it only witnesses or can others such as experts or parties also be examined in this way?

Any party who is to be examined in a case can be examined by videoconference.

3 What restrictions, if any, are there on the type of evidence that can be obtained by videoconference?

No particular restrictions have been imposed.

4 Are there any restrictions on where the person should be examined by videoconference – i.e. does it have to be in a court?

The taking of evidence is carried out by district courts. Otherwise, no particular restrictions have been imposed.

5 Is it permitted to record videoconference hearings and, if so, is the facility available?

Yes, it is permitted and the facilities are available.

6 In what language should the hearing be conducted: (a) where requests are made under Articles 12 to 14 of the Taking of Evidence Regulation; and (b) where there is direct taking of evidence under Articles 19 to 21 of the Taking of Evidence Regulation?

(a) The hearing must be conducted in Swedish but the court may employ an interpreter.

(b) That depends on the rules of the requesting state.

7 If interpreters are required, who is responsible for providing them and where should they be located (a) where requests are made under Articles 12 to 14 of the Taking of Evidence Regulation; and (b) where there is direct taking of evidence under Articles 19 to 21 of the Taking of Evidence Regulation?

(a) For examinations in Sweden, it is the Swedish court that decides whether an interpreter is to attend and, if so, how.

(b) The requesting court may, if necessary, request assistance in finding an interpreter from the Government Offices, which is the central body under the Taking of Evidence Regulation. The Government Offices and the requesting court may agree on how the interpreter is to attend the examination (Article 20(2) of the Taking of Evidence Regulation).

8 What procedure applies to the arrangements for the hearing and to notify the person to be examined about the time and place (a) where requests are made under Articles 12 to 14 of the Taking of Evidence Regulation; and (b) where there is direct taking of evidence under Articles 19 to 21 of the Taking of Evidence Regulation? For both options, how much time should be allowed when arranging the date of the hearing to enable the person to receive sufficient notification?

(a) The executing court issues a summons to the person who is to be examined. The summons specifies the time and place. Although there are no statutory requirements regarding how much time must be allowed when setting the date of the hearing, the person summoned must be given sufficient time (‘reasonable notice’) to comply with the summons.

(b) That depends on the rules of the requesting state.

9 What costs apply to the use of videoconferencing and how should they be paid?

The requesting court must, if the Swedish court so requests, bear the costs of experts and interpreters, costs arising as a result of the request for enforcement in accordance with a special procedure, and the cost of communications technology such as videoconferencing and teleconferencing (see Article 22(2) and Article 12(3) and (4) of the Taking of Evidence Regulation).

10 What requirements, if any, are there for ensuring that the person examined directly by the requesting court has been informed that the performance shall take place on a voluntary basis?

It is for the requesting court to inform the person concerned that the taking of evidence in accordance with Article 19 of the Taking of Evidence Regulation is to be carried out on a voluntary basis.

11 What procedure exists for verifying the identity of the person to be examined?

There is no specifically regulated procedure for verifying identity in this connection.

12 What requirements for taking oaths apply and what information is needed from the requesting court when an oath is required during direct taking of evidence under Articles 19 to 21 of the Taking of Evidence Regulation?

As a general rule the national rules on oaths apply, and no specific conditions or information requirements have been laid down for the application of Article 19.

13 What arrangements are there for ensuring that there is a contact person at the place of the videoconference with whom the requesting court can liaise and a person who is available on the day of the hearing to operate the videoconferencing facilities and deal with any technical problems?

Staff who are able to operate the videoconferencing facilities are available at all courts.

14 What, if any, additional information is required from the requesting court?

No additional information is normally required.