Suiza - Autoridad central (Art. 2) e información práctica
Central Authority(ies):
Cantonal Central Authorities
A list of the Central Cantonal Authorities including their address and phone/fax numbers can be consulted online at the following address: https://www.rhf.admin.ch/rhf/de/home/zivilrecht/behoerden/zentralbehoerden.html.
To determine the Central Authority competent by reason of its location, the database of the Swiss localities and Courts can be consulted online at the following address: http://www.elorge.admin.ch/.
Practical Information |
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Blocking statutes: |
La Suisse ne connaît pas de lois de blocage en tant que telles. Il existe toutefois dans certaines lois des dispositions limitant la participation en Suisse à des procédures d'entraide judiciaire d'obtention de preuves, à savoir :
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Chapter I |
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Transmission of Letters of Requests: |
In most cantons, Letters of Request are sent directly from a judicial authority in that canton to the Central Authority of the requested State. In other cantons, Letters of Request are first sent to the cantonal Central Authority 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): |
In most cantons, the judicial authority competent to execute the request, via the central authority. In other cantons, the Central Authority. |
Presence of judicial personnel at the execution of the Letter of Request (Art. 8): |
Yes, prior authorisation required (see declaration of applicability and competent authority). |
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 Request written in or translated into the language of the requested authority, i.e. in German, French or Italian, depending on the region of Switzerland in which they are to be executed (see reservation). |
Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26): |
Such scenarios would only arise in exceptional cases (e.g. doctor's fees for saliva tests). |
Time for execution: |
Up to four months (est.). |
Art 23 pre-trial discovery of documents: |
Letter of Request may be executed subject to certain conditions (qualified exclusion). |
Information about domestic rules on the taking of evidence: |
See Lignes directrices – Entraide judiciaire internationale en matière civile – Office fédéral de la justice (Guidelines in Civil Matters) (available in French, German, Italian and English). Code de procédure civile (CPC) |
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? |
Most cantons require questions to be drafted with sufficient certainty and clarity (otherwise, the request is returned for redrafting). If the fact scenario is clear, questions do not need to be drafted in great detail. Experience shows that a list of detailed questions will speed up proceedings. |
Is it a public or private hearing? |
Practice varies from canton to canton. The Swiss Civil Procedure Code requires hearings to be public, with the exception of family law proceedings. The judge may order all or part of the proceedings to be held behind closed doors when required by public interest or by the legitimate interests of a person involved. (art. 54 CPC). Each witness is examined in the absence of other witnesses; confrontation is reserved (art. 171 CPC). The parties have the right to participate in the taking of evidence (art. 155 CPC). |
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 (in most cantons). |
Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? |
Practice varies from canton to canton; generally: No. |
Are documents produced by the witness authenticated by the court? |
No (in most cantons). |
Is an oath generally administered to the witness? |
Le Code de procédure civile suisse (CPC) ne prévoit pas le serment pour le témoin. Par contre, le CPC prévoit des rappels à faire aux témoins et parties avant l'obtention de preuves. |
Can the witness be made subject to further examination and recall? |
Yes. In other cantons, a second Request necessary. |
Are there sanctions for non-appearance of witness? |
Art. 167 CPC- Unjustified refusal of a third party: If a third party refuses to cooperate without justification, the court may: Art. 164 CPC – Unjustified refusal of a party: If a party refuses to cooperate without valid reasons, the court shall take this into account when appraising the evidence. |
Must interpreters who assist with the witness examination be court-certified? |
Practice varies from canton to canton. |
How is the testimony transcribed? |
Practice varies from canton to canton. |
Chapter II |
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Article 15 |
Applicable, subject to prior authorisation by the Federal Department of Justice and Police. A request for authorization must be addressed to the Central Authority in the canton where the evidence is to be taken. |
Article 16 |
Applicable, subject to prior authorisation by the Federal Department of Justice and Police. A request for authorization must be addressed to the Central Authority in the canton where the evidence is to be taken. |
Article 17 |
Applicable, subject to prior authorisation by the Federal Department of Justice and Police. A request for authorization must be addressed to the Central Authority in the canton where the evidence is to be taken. |
Article 18 |
No declaration of applicability (i.e., a diplomatic officer, consular agent or commissioner may not apply for appropriate assistance to obtain evidence by compulsion). |
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? |
No. |
Technology used: |
No information available. |
Level of interpretation required: |
No information available. |
Simultaneous or in sequence interpretation: |
No information available. |
Interpretation required in which jurisdiction? |
No information available. |
Who pays for the interpretation? |
No information available. |
How would a request for evidence be handled if witness not willing? |
Several theoretical responses are possible. The application by analogy of coercive measures available in respect of witnesses who refuse to testify or comply with court orders could be envisaged. For their part, some cantonal Central Authorities would abandon the use of video-link. |
Chapter II |
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Are there legal obstacles to the use of video links? |
Subject to prior authorisation by the Federal Department of Justice and Police. A request for authorization must be addressed to the Central Authority in the canton where the evidence is to be taken. |
Technology used: |
No information available. |
Level of interpretation required: |
No information available. |
Simultaneous or in sequence interpretation: |
No information available. |
Interpretation required in which jurisdiction? |
No information available. |
Who pays for the interpretation? |
No information available. |
Bilateral or multilateral agreements |
Bilateral conventions on judicial co-operation: |
Useful links: |
Lignes directrices – Entraide judiciaire internationale en matière civile – Office fédéral de la justice (Guidelines in Civil Matters) (available in French, German, Italian and English) |
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