In order to require a Czech individual or representative of a Czech legal entity to give deposition evidence for a foreign court proceeding or to provide documents in response to discovery requests of a foreign court, the Czech law generally requires that such requests take the form of Letters of Request, which must be prepared and served on the respondent by a Czech court in the manner prescribed by the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters of Mar. 18, 1970, of which the Czech Republic is party to.
The normal procedure for obtaining evidence under this Convention is to send the necessary information regarding the respondent, including exact questions or requests for production of documents, to the Czech Ministry of Justice (which has been designated as the Central Authority according to the provisions of the Convention) in the form specified in the Convention. The Ministry will then transmit the Letters of Request to the competent local Czech court, who will serve them on the respondent. The Letter of Request will be executed according to Czech law of procedure. Nevertheless, if requested by foreign authority and if not contrary to Czech public order, a Letter of Request could be executed according to foreign law of procedure (e.g., in form of deposition taken upon oath). Counsel may generally appear at examination of witness.
If the court which is to execute the Letter of Request is not known, it need not be specified. However, it is advisable, even if the court is designated, to add the words "or other appropriate authority" in order to avoid delays. It is important to consider that the procedures of serving the Letters can be quite time consuming due to the number of parties involved.
In cases not covered under the above mentioned Convention, Letter of Request will be sent, as case may be, on the basis of the Hague Convention on Civil Procedure of Mar. 1, 1954; the Hague Convention on Civil Procedure of July 17, 1905, or; a bilateral treaty binding on the Czech Republic. In other cases, the Letter of Request will only be executed on condition of reciprocity and must be submitted through diplomatic channels. Letters of Requests cannot be sent directly, unless international treaty provides otherwise.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
Commercial Law - Taking of Evidence for a Foreign Court Proceeding in the Czech Republic
