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Regulation (EU) 2020/1783 of the European Parliament and of the Council of 25 November 2020 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (taking of evidence) (recast)
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REQUEST FOR THE TAKING OF EVIDENCEU.K.
(Article 5 of Regulation (EU) 2020/1783 of the European Parliament and of the Council of 25 November 2020 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (taking of evidence)(1))
Name:
Address:
Street and number/PO box:
Place and postcode:
Country:
Tel.
Fax(2):
Email:
Name:
Address:
Street and number/PO box:
Place and postcode:
Country:
Tel.
Fax(2):
Email:
Name:
Address:
Street and number/PO box:
Place and postcode:
Country:
Tel.
Fax(2):
Email:
Name:
Address:
Street and number/PO box:
Place and postcode:
Country:
Tel.
Fax(2):
Email:
Parties and representatives, if any, who will be present at the taking of evidence: ☐
Participation of the parties and of their representatives, if any, is requested: ☐
If any party or its representative will be present at the taking of evidence, interpretation in the following language is to be arranged: ☐ BG, ☐ ES, ☐ CZ, ☐ DE, ☐ ET, ☐ EL, ☐ EN, ☐ FR, ☐ GA, ☐ HR, ☐ IT, ☐ LV, ☐ LT, ☐ HU, ☐ MT, ☐ NL, ☐ PL, ☐ PT, ☐ RO, ☐ SK, ☐ SL, ☐ FI, ☐ SV, ☐ other:
Representatives will be present at the taking of evidence: ☐
Participation of the representatives is requested:(5) ☐
Name:
Title:
Function:
Task:
If any representative of the requesting court will be present at the taking of evidence, interpretation in the following language is to be arranged: ☐ BG, ☐ ES, ☐ CZ, ☐ DE, ☐ ET, ☐ EL, ☐ EN, ☐ FR, ☐ GA, ☐ HR, ☐ IT, ☐ LV, ☐ LT, ☐ HU, ☐ MT, ☐ NL, ☐ PL, ☐ PT, ☐ RO, ☐ SK, SL, ☐ FI, ☐ SV, ☐ other:
Description of the taking of evidence to be carried out (in annex, where appropriate):
Examination of witnesses: ☐
Name and surname:
Date of birth, if available:
Address:
Street and number/PO box:
Place and postcode:
Country:
Tel.(2):
Fax(2):
Email(2):
Questions to be put to the witness or a statement of the facts about which they are to be examined (in annex, where appropriate):
Right to refuse to testify under the law of the Member State of the requesting court (in annex, where appropriate): yes ☐ no ☐
Please examine the witness
under oath: ☐
on affirmation: ☐
Any other information that the requesting court deems necessary (in annex, where appropriate):
Other taking of evidence
documents to be inspected and a description of the requested taking of evidence (in annex, where appropriate):
objects to be inspected and a description of the requested taking of evidence (in annex, where appropriate)
in accordance with a special procedure (Article 12(3) of Regulation (EU) 2020/1783) provided for by the law of the Member State of the requesting court described in annex ☐
and/or by the use of communications technology (Article 12(4) of Regulation (EU) 2020/1783) set out in form N ☐
the following information is necessary for the execution of the request:
Electronic transmission was not possible due to:
disruption of the decentralised IT system
the nature of the evidence
exceptional circumstances
Done at:
Date:
Signature and/or stamp or electronic signature and/or electronic seal:
ACKNOWLEDGEMENT OF RECEIPT OF A REQUEST FOR THE TAKING OF EVIDENCEU.K.
(Article 9(1) of Regulation (EU) 2020/1783 of the European Parliament and of the Council of 25 November 2020 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (taking of evidence)(7))
The language used to complete the form is not accepted (Article 6 of Regulation (EU) 2020/1783): ☐
Please use one the following languages:
The document is not legible: ☐
Done at:
Date:
Signature and/or stamp or electronic signature and/or electronic seal
NOTIFICATION OF FORWARDING OF A REQUEST FOR THE TAKING OF EVIDENCEU.K.
(Article 9(2) of Regulation (EU) 2020/1783 of the European Parliament and of the Council of 25 November 2020 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (taking of evidence(9))
Name of the competent court:
Address:
Street and number/PO box:
Place and postcode:
Country:
Tel.
Fax(10):
Email:
Done at:
Date:
Signature and/or stamp or electronic signature and/or electronic seal:
REQUEST FOR ADDITIONAL INFORMATION FOR THE TAKING OF EVIDENCEU.K.
(Article 10 of Regulation (EU) 2020/1783 of the European Parliament and of the Council of 25 November 2020 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (taking of evidence)(11))
Name of account owner:
Bank name/BIC or other relevant bank code:
Account number/IBAN:
Date by which payment was due:
Amount of the deposit or advance requested:
Currency:
☐ Euro (EUR) | ☐ Bulgarian lev (BGN) | ☐ Croatian kuna (HRK) |
☐ Czech koruna (CZK) | ☐ Hungarian forint (HUF) | ☐ Polish zloty (PLN) |
☐ Pound sterling (GBP) | ☐ Romanian leu (RON) | ☐ Swedish krona (SEK) |
☐ Other (please specify (ISO code)):
Reference number of payment/description/message to the recipient:
Done at:
Date:
Signature and/or stamp or electronic signature and/or electronic seal:
ACKNOWLEDGEMENT OF RECEIPT OF DEPOSIT OR ADVANCEU.K.
(Article 10(2) of Regulation (EU) 2020/1783 of the European Parliament and of the Council of 25 November 2020 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (taking of evidence)(12))
Done at:
Date:
Signature and/or stamp or electronic signature and/or electronic seal:
REQUEST FOR INFORMATION ON DELAYU.K.
(Article 12(1) and Article 19(4) of Regulation (EU) 2020/1783 of the European Parliament and of the Council of 25 November 2020 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (taking of evidence(14))
Information at disposal of the requesting court:
request sent ☐
date ...............................................
acknowledgement of receipt ☐
date ...............................................
notification of delay ☐
date ...............................................
other information was received ☐
..................................................................
Done at:
Date:
Signature and/or stamp or electronic signature and/or electronic seal:
REPLY TO REQUEST FOR INFORMATION ON DELAYU.K.
(Article 12(1) of Regulation (EU) 2020/1783 of the European Parliament and of the Council of 25 November 2020 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (taking of evidence)(16))
Request for taking of evidence was not received ☐
Determination of current address of the person to be examined is in progress ☐
Service of summons to the person to be examined is in progress ☐
Person did not appear at the hearing despite being served the summons ☐
Request replied to on … (date). Reply attached ☐
Payment of a deposit or advance requested on … (date) has not been received ☐
Other: … ☐
Done at:
Date:
Signature and/or stamp or electronic signature and/or electronic seal:
NOTIFICATION CONCERNING THE REQUEST FOR SPECIAL PROCEDURES AND/OR FOR THE USE OF COMMUNICATIONS TECHNOLOGIESU.K.
(Article 12(3) and (4) of Regulation (EU) 2020/1783 of the European Parliament and of the Council of 25 November 2020 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (taking of evidence)(17))
the requested procedure is incompatible with the law of the Member State of the requested court: ☐
the carrying out of the requested procedure is not possible by reason of major practical difficulties: ☐
The use of communications technology is incompatible with the law of the Member State of the requested court ☐
The use of the communications technology is not possible by reason of major practical difficulties ☐
Done at:
Date:
Signature and/or stamp or electronic signature and/or electronic seal:
NOTIFICATION OF THE DATE, TIME, PLACE OF THE TAKING OF EVIDENCE AND THE CONDITIONS FOR PARTICIPATIONU.K.
(Articles 13(4) and 14(5) of Regulation (EU) 2020/1783 of the European Parliament and of the Council of 25 November 2020 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (taking of evidence)(18))
Name:
Address:
Street and number/PO box:
Place and postcode:
Country:
Tel.
Fax(19):
Email:
Name:
Address:
Street and number/PO box:
Place and postcode:
Country:
Tel.
Fax(19):
Email:
Done at:
Date:
Signature and/or stamp or electronic signature and/or electronic seal:
NOTIFICATION OF DELAYU.K.
(Article 17 of Regulation (EU) 2020/1783 of the European Parliament and of the Council of 25 November 2020 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (taking of evidence)(20))
Determination of current address of the person to be examined is in progress ☐
Service of summons on the person to be examined is in progress ☐
Person did not appear at the hearing despite being served the summons ☐
Request replied to on … (date). Reply attached ☐
Payment of a deposit or advance requested on … (date) has not been received ☐
Other (please specify): … ☐
Done at:
Date:
Signature and/or stamp or electronic signature and/or electronic seal:
INFORMATION ON THE EXECUTION OF THE REQUEST FOR THE TAKING OF EVIDENCEU.K.
(Articles 16 and 18 of Regulation (EU) 2020/1783 of the European Parliament and of the Council of 25 November 2020 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (taking of evidence)(21))
The documents confirming execution of the request for the taking of evidence are attached:
The person to be examined has invoked the right to refuse to give evidence or has claimed to be prohibited from giving evidence: ☐
under the law of the Member State of the requested court: ☐
under the law of the Member State of the requesting court: ☐
The request for the taking of evidence does not fall within the scope of Regulation (EU) 2020/1783 ☐
Under the law of the Member State of the requested court, the execution of the request for the taking of evidence does not fall within the functions of the judiciary ☐
The requesting court has not complied with the request for additional information from the requested court dated … (date of the request for additional information) ☐
A deposit or advance asked for in accordance with Article 22(3) of Regulation (EU) 2020/1783 has not been made. ☐
Done at:
Date:
Signature and/or stamp or electronic signature and/or electronic seal:
REQUEST FOR DIRECT TAKING OF EVIDENCEU.K.
(Articles 19 and 20 of Regulation (EU) 2020/1783 of the European Parliament and of the Council of 25 November 2020 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (taking of evidence)(22))
Name:
Address:
Street and number/PO box:
Place and postcode:
Country:
Tel.
Fax(23):
Email:
Name:
Address:
Street and number/PO box:
Place and postcode:
Country:
Tel.
Fax(23):
Email:
Name:
Address:
Street and number/PO box:
Place and postcode:
Country:
Tel.
Fax(23):
Email:
Name:
Address:
Street and number/PO box:
Place and postcode:
Country:
Tel.
Fax(23):
Email:
Name:
Title:
Function:
Task:
Description of the taking of evidence (in annex, where appropriate):
Examination of witnesses
Names and surname:
Date of birth, if available:
Address:
Street and number/PO box:
Place and postcode:
Country:
Tel.(23):
Fax(23):
Email(23):
Questions to be put to the witness or a statement of the facts about which they are to be examined (in the annex, where appropriate):
Right to refuse to testify under the law of the Member State of the requesting court (in annex, where appropriate): yes ☐ no ☐
Other taking of evidence (in annex, where appropriate):
Done at:
Date:
Signature and/or stamp or electronic signature and/or electronic seal:
INFORMATION FROM THE CENTRAL BODY/COMPETENT AUTHORITY CONCERNING DIRECT TAKING OF EVIDENCEU.K.
(Article 19 of Regulation (EU) 2020/1783 of the European Parliament and of the Council of 25 November 2020 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (taking of evidence)(26))
Name:
Address:
Street and number/PO box:
Place and postcode:
Country:
Tel.
Fax(27):
Email:
Direct taking of evidence in accordance with the request is accepted: ☐
Direct taking of evidence in accordance with the request is accepted under the following conditions (in annex, where appropriate):
Direct taking of evidence in accordance with the request is refused for the following reasons:
the request does not fall within the scope of Regulation (EU) 2020/1783: ☐
the request does not contain all of the necessary information pursuant to Article 5 of Regulation (EU) 2020/1783: ☐
the direct taking of evidence requested is contrary to fundamental principles of law of the Member State of the central body/competent authority: ☐
Name:
Address:
Street and number/PO box:
Place and postcode:
Country:
Tel.
Fax(27):
Email:
Done at:
Date:
Signature and/or stamp or electronic signature and/or electronic seal:
INFORMATION ON TECHNICAL PRACTICALITIES FOR HOLDING A VIDEOCONFERENCE OR USING OTHER DISTANCE COMMUNICATIONS TECHNOLOGYU.K.
(Articles 12(4) and 20 of Regulation (EU) 2020/1783 of the European Parliament and of the Council of 25 November 2020 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (taking of evidence)(28))
date:
time(30):
date:
time(30):
contact person for the test connection or other technical assistance:
language for communication: ☐ BG, ☐ ES, ☐ CZ, ☐ DE, ☐ ET, ☐ EL, ☐ EN, ☐ FR, ☐ GA, ☐ HR, ☐ IT, ☐ LV, ☐ LT, ☐ HU, ☐ MT, ☐ NL, ☐ PL, ☐ PT, ☐ RO, ☐ SK, ☐ SL, ☐ FI, ☐ SV, ☐ other:
tel. in the event of technical difficulties during the test connection or the taking of evidence:
Assistance for finding an interpreter is requested: ☐
The relevant languages: ☐ BG, ☐ ES, ☐ CZ, ☐ DE, ☐ ET, ☐ EL, ☐ EN, ☐ FR, ☐ GA, ☐ HR, ☐ IT, ☐ LV, ☐ LT, ☐ HU, ☐ MT, ☐ NL, ☐ PL, ☐ PT, ☐ RO, ☐ SK, ☐ SL, ☐ FI, ☐ SV, ☐ other:
yes ☐
no ☐
Done at:
Date:
Signature and/or stamp or electronic signature and/or electronic seal:
This item is optional.
Where there is more than one claimant/petitioner, please provide information as set out in items 4.1. to 4.5.
Where there is more than one defendant/respondent, please provide information as set out in items 6.1. to 6.5.
Where there is more than one representative, please provide information as set out in item 9.2.
This item only applies from the date of application of the decentralised IT system.
This item is optional.
This item is optional.
The use of this form is optional.
The use of this form is optional.
This item is optional.
This item is optional.
Where there is more than one claimant/petitioner, please provide information as set out in items 5.1. to 5.5.
Where there is more than one defendant/respondent, please provide information as set out in items 7.1. to 7.5.
This item is optional.
This item is optional.
Local time of requested Member State.
E.g. online record or transcript of the taking of evidence
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