Montenegro - Central Authority (Art. 2) and practical information
Central Authority(ies):
Ministry of Justice, Human and Minority Rights
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Contact details: |
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| Address: | Vuka Karadžića 3, Podgorica, Montenegro |
| Telephone: | +382-20-407-510 |
| Fax: | +382-20-407-566 |
| E-mail: | dara.tomcic@mpa.gov.me |
| General website: | https://mpa.gov.me/ministarstvo |
| Contact person: | Dara Tomčić |
| Languages spoken by staff: | Montenegrin, English |
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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: | Through Central Authority (Ministry of Justice, Human and Minority Rights of Montenegro) |
| Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7): |
Court |
| Presence of judicial personnel at the execution of the Letter of Request (Art. 8): | Yes. |
| Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11): |
Yes. |
| Translation requirements Arts 4(2) and 33): |
Yes. |
| Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26): |
No cost. |
| Time for execution: | Time is not limited. |
| Pre-trial discovery of documents Art. 23): |
No. |
| Information about domestic rules on the taking of evidence: | Law on Civil Procedure (Chapter XIX) |
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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? | Letter of Request includes the list of matters to be addressed. |
| 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? | Not applicable. |
| Can the witness be made subject to further examination and recall? | Yes. |
| Are there sanctions for non-appearance of witness? | Yes, there are sanctions for non-appearance of witness. |
| Must interpreters who assist with the witness examination be court-certified? | Yes. |
| How is the testimony transcribed? | No, the testimony is not transcribed. |
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Chapter II |
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| Article 15 | Without reservation. |
| Article 16 | Reservation |
| Article 17 | Without reservation. |
| Article 18 | Reservation |
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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. 8) | See here. |
| Additional authorities (Art. 24) | |
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