Declarações
Reservas
Artigos: 4,16,17,23
(Translation)
1. (...)
2. Under Article 4, paragraph 2, only Letters of Request drawn up in French or accompanied by a translation in that language shall be accepted.
3. Under Article 23, Letters of Request issued for the purpose of obtaining pre-trial discovery of documents shall not be executed.
4. In accordance with Articles 16 and 17, the Directorate of Judicial Services is designated as a competent authority for the purpose of authorizing, as appropriate:
– the consular authorities of a Contracting State to take the evidence without compulsion of persons other than nationals of that State and in aid of proceedings commenced in a court of the State which they represent, or
– persons duly designated as commissioners to take evidence without compulsion in aid of proceedings commenced in a court of the Contracting State.<.P>
Such authorization, which shall be granted for each particular case and may contain specific conditions, shall be subject to the following general conditions:
(a) evidence shall be taken solely on the premises of consulates when the latter are situated within the Principality, and in other cases in the Palais de Justice of Monaco;
(b) the Directorate of Judicial Services shall be informed of the date and time of the taking of the evidence in time to permit the Directorate to be represented, and, if necessary, to provide courtroom accommodation at the Palais de Justice of Monaco;
(c) the persons concerned in the taking of evidence shall be duly summoned by an official document drawn up in French or accompanied by a translation in that language; this document shall indicate:
– that the taking of the evidence in question is being conducted in accordance with the provisions of the Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters, and that the procedure constitutes part of legal proceedings pursued under the specially designated jurisdiction of a Contracting State;
– that appearance is voluntary and non-appearance would not entail legal proceedings in the requesting State;
– that the person concerned in the taking of evidence may be represented by a lawyer or defence counsel;
– that the parties in the proceedings, should they be instituted, give their consent, and if not the document shall state the reasons for their opposition;
– that the person concerned in the taking of evidence may apply to be exempted or barred from testifying.
A copy of the summonses shall be sent to the Directorate of Judicial Services, which is also to be kept informed of any difficulties.