Nicaragua - Zentrale Behörde (Art. 2) und praktische Information
Central Authority(ies):
Ministry of Foreign Affairs
Department of Legal Affairs, Sovereignty and Territory
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Contact details: |
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| Address: | Ministry of Foreign Affairs Department of Legal Affairs, Sovereignty and Territory Ministerio de Relaciones Exteriores Dirección de Asuntos Jurídicos, Soberanía y Territorio De donde fue el Cine Gonzalez 1 C al Sur, sobre Avenida Bolivar Apartado Postal 127 Managua Nicaragua |
| Telephone: | +(00505)22448000 |
| Fax: | +(00505)22448067 |
| E-mail: | enlace@cancilleria.gob.ni ilara@cancilleria.gob.ni |
| General website: | |
| Contact person: | Dr. Iván Lara Palacios Viceministro de Relaciones Exteriores para Asuntos Jurídicos |
| Languages spoken by staff: | Spanish |
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Practical Information |
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| Blocking statutes: | |
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Chapter I |
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| Transmission of Letters of Requests: | Letters rogatory are sent directly from the Central Authority of 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): |
Central Authority. |
| 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 Spanish. |
| Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26): |
Nicaragua does not seek reimbursement of costs under Art. 14(2) There are no 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: | Between 2 and 6 months, approximately. |
| Pre-trial discovery of documents Art. 23): |
Letter of Request may be executed subject to certain conditions (Qualified test) |
| Information about domestic rules on the taking of evidence: | See, Articles 231 to 242 Civil Procedural Code of the Republic of Nicaragua |
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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? | Specific questions are required. |
| Is it a public or private hearing? | Private 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)? | Yes. |
| 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? | Yes. |
| Is an oath generally administered to the witness? | Yes. |
| Can the witness be made subject to further examination and recall? | Yes |
| Are there sanctions for non-appearance of witness? | Yes |
| Must interpreters who assist with the witness examination be court-certified? | Yes |
| How is the testimony transcribed? | The secretary officer will take the testimony using the questions sent by the requesting authority. He or she will then transcribe the testimony, and produce a printed version, which shall be signed by all the witnesses. |
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Chapter II |
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| Article 15 | Not applicable |
| Article 16 | Not applicable |
| Article 17 | Not applicable |
| Article 18 | Not applicable |
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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 | |
| Useful links: | |
| Competent authorities (Art. 17) | |
| Additional authorities (Art. 24) | |
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