Central Authority(ies):
Department of Private International Law
Ministry of Justice of the Slovak Republic
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Contact details: |
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| Address: | Račianska 71 813 11 Bratislava Slovakia |
| Telephone: | +421 2 88891358 |
| Fax: | +421 2 88891 605 |
| E-mail: | civil.inter.coop@justice.sk |
| General website: | http://www.justice.gov.sk/ |
| Contact person: | Soňa Gálová (Ms), Martina Kállayová (Ms) |
| Languages spoken by staff: | Slovak, Czech, English |
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Practical Information |
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| Blocking statutes: | Yes, there are two European instruments of this nature: Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom (see, Article 5(1)). Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (See, Art. 25(1)). |
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Chapter I |
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| Transmission of Letters of Requests: | Letters of Request are sent directly from a judicial authority in the requesting State to the Central Authority of the requested State. |
| Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7): |
Judicial authority competent to execute the request. |
| Presence of judicial personnel at the execution of the Letter of Request (Art. 8): | No declaration of applicability. |
| Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11): |
No declaration of applicability. |
| Translation requirements Arts 4(2) and 33): |
Accepts Letters of Requests written in or translated into Slovak, Czech, French and English. |
| Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26): |
Slovakia has not sought any reimbursement of costs under Arts 14(2). There are no constitutional limitations with regard to the reimbursement of fees and costs, in connection with the execution of Letters of Request, for the service of process necessary to compel the appearance of a person to give evidence, the costs of attendance of such persons, and the costs of any transcript of the evidence (Art. 26). |
| Time for execution: | 2-4 months |
| Pre-trial discovery of documents Art. 23): |
Letter of Request may be executed (no declaration). |
| Information about domestic rules on the taking of evidence: | European Judicial Network in Civil or Commercial Matters - Slovakia |
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Witness examination under Chapter I |
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| Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? | It is not mandatory to include specific questions to the Letter of Request, nevertheless we prefer if the specific questions are included. |
| Is it a public or private hearing? | Public hearing. |
| Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)? | No. |
| Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? | No. |
| Are documents produced by the witness authenticated by the court? | No. |
| Is an oath generally administered to the witness? | No. |
| Can the witness be made subject to further examination and recall? | Yes, but a second Request is necessary. |
| Are there sanctions for non-appearance of witness? | In the national court cases the witness can be fined up to 500,- EUR. |
| Must interpreters who assist with the witness examination be court-certified? | Yes. |
| How is the testimony transcribed? | A report is written and it is signed by the witness. |
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Chapter II |
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| Article 15 | Applicable. |
| Article 16 | Applicable (no permission required subject to reciprocity). Where permission required, see competent authority. |
| Article 17 | Applicable. See competent authority. |
| Article 18 | Applicable subject to reciprocity. See competent authority. |
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Taking of evidence by video-links |
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Chapter I |
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| Are there legal obstacles to the use of video links? | |
| Technology used: | |
| Level of interpretation required: | |
| Simultaneous or in sequence interpretation: | |
| Interpretation required in which jurisdiction? | |
| Who pays for the interpretation? | |
| How would a request for evidence be handled if witness not willing? | |
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Chapter II |
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| Are there legal obstacles to the use of video links? | |
| Technology used: | |
| Level of interpretation required: | |
| Simultaneous or in sequence interpretation: | |
| Interpretation required in which jurisdiction? | |
| Who pays for the interpretation? | |
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Other Information |
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| Bilateral or multilateral agreements | To consult bilateral and multilateral treaties to which Slovakia is a party, click here. Council Regulation (EC) No. 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters |
| Useful links: | |
| Competent authorities (Art. 16, 17, 18) | See here. |
| Additional authorities (Art. 24) | |
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