Georgia - Central Authority (Art. 2) and practical information
Central Authority(ies):
Ministry of Justice
International Relations and Legal Cooperation Department
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Contact details: |
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| Address: | 24a Gorgasali St. 0114 TBILISI Georgia |
| Telephone: | (+995 32) 2 40 50 08 |
| Fax: | (+995 32) 2 40 52 04 |
| E-mail: | Intlawdep@justice.gov.ge |
| General website: | https://justice.gov.ge/?lang=2 |
| Contact person: |
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| Languages spoken by staff: | Georgian, English, Russian |
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Practical Information |
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| Blocking statutes: | No blocking statutes in force |
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Chapter I |
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| Transmission of Letters of Requests: | Letters of Request are first sent to the Central Authority of the requesting State before being sent 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; Information will be sent via the Central Authority |
| Presence of judicial personnel at the execution of the Letter of Request (Art. 8): | Declaration of applicability:
Pursuant to Article 8 of the Convention, members of the judicial personnel of the requesting authority of another Contracting State may be present at the execution of a Letter of Request, in accordance with the legislation of Georgia |
| Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11): |
No Declaration |
| Translation requirements Arts 4(2) and 33): |
Reservation: In accordance with Paragraph 1 of Article 33 of the Convention, Georgia shall exclude the application of the provisions of Paragraph 2 of Article 4 of the Convention Georgia shall not undertake the obligation to translate documents for the execution of a Letter of Request |
| Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26): |
Reservation:
Georgia requests that any State of origin, making a request pursuant to Paragraph 1 of Article 26, shall reimburse the fees and costs to which this Paragraph refers |
| Time for execution: | Within a reasonable period of time |
| Pre-trial discovery of documents Art. 23): |
No Declaration |
| Information about domestic rules on the taking of evidence: |
Civil Procedure Code of Georgia (Section Three – Judicial Evidence; Chapters XIII-XX; see: https://matsne.gov.ge/en/document/view/29962?publication=134 ) |
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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? | Letters of Request should include specific questions, according to which the witness should be examined. |
| 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)? | 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? | A person summoned as a witness shall be obliged to appear in a court and give accurate testimony. If a witness fails to appear in a court with an inexcusable cause, he/she will be penalised. A court may order that the witness be brought to court by force.
A witness who refuses to testify or gives a deliberately inaccurate testimony may be subject to criminal liability |
| Must interpreters who assist with the witness examination be court-certified? | Yes |
| How is the testimony transcribed? | Audio recording |
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Chapter II |
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| Article 15 | Applicable |
| Article 16 |
Not Applicable Reservation: In accordance with Paragraph 1 of Article 33 of the Convention, Georgia shall not apply the provisions of Articles 16, 17 and 18 of Chapter II of the Convention |
| Article 17 |
Not Applicable Reservation: In accordance with Paragraph 1 of Article 33 of the Convention, Georgia shall not apply the provisions of Articles 16, 17 and 18 of Chapter II of the Convention |
| Article 18 | Not Applicable
Reservation: In accordance with Paragraph 1 of Article 33 of the Convention, Georgia shall not apply the provisions of Articles 16, 17 and 18 of Chapter II of the Convention |
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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 |
Multilateral Agreement: Convention on Mutual Assistance and Legal Relations in Civil Family and Criminal Matters from 1993 Bilateral Agreements:
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| Useful links: | |
| Competent authorities (Art. 17) | Not Applicable |
| Additional authorities (Art. 24) | Not Applicable |
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