Council Regulation (EC) No 1206/2001


In 2001, the EU implemented a regulation, Council Regulation (EC) No. 1206/2001, which allows evidence to be taken by litigators in one state from another state in civil matters without using the procedures of the Hague Convention or letters rogatory. So discovery can be accomplished without going through diplomatic channels. Denmark is the only member of the EU which has opted out of the regulation. Courts of different countries in the EU can contact each other directly about exchanging discovery without involving Foreign Affairs ministries.

As with the Hague Convention, central authorities are involved. Under 1206/2001 the central authorities supply information to the courts; address difficulties regarding transmission; and in certain cases, forwarding a request to a court. The requests are subject to the laws of the state from which data is requested, and must be responded to within 90 days. The requests may be denied if the costs of consulting an expert are not disclosed.

To make a request, party must complete Form A or Form I to the regulation. The forms are available on this site.

If you click on the links for the Forms on this site you will be taken to a map of Europe where you can select the state from which you want to collect evidence.

The form can be generated after filling information for the fields on the web site. '

One of the fields, requires, "Nature and subject matter of the case and a brief statement of the facts" and another a "description of the taking of evidence to be performed".


Contact Me With Your Litigation Support Questions:

seankevinoshea@hotmail.com

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