Regulation (EU) 2020/1783 of the European Parliament and of the CouncilShow full title

SECTION 1 U.K. Transmission of requests

Article 5 U.K. Form and content of requests

1. Requests shall be made using form A or, where appropriate, form L in Annex I. Each request shall contain the following details:

(a) the requesting and, where appropriate, the requested court;

(b) the names and addresses of the parties to the proceedings and their representatives, if any;

(c) the nature and subject matter of the case and a brief statement of the facts;

(d) a description of the taking of evidence requested;

(e) where the request is for the examination of a person:

• (e) the name and address of the person to be examined,

• the questions to be put to the person to be examined or a statement of the facts about which that person is to be examined,

• where appropriate, a reference to the right to refuse to testify under the law of the Member State of the requesting court,

• any requirement that the examination be carried out under oath or affirmation instead of an oath, and any special form to be used for such oath or affirmation,

• where appropriate, any other information that the requesting court deems necessary;

(f) where the request is for any form of taking of evidence other than that mentioned in point (e), the documents or other objects to be inspected;

(g) where appropriate, any request pursuant to Article 12(3) or (4), or Article 13 or 14 and any information necessary for the execution thereof.

2. The request and all accompanying documents shall be exempt from the need for authentication or any equivalent formality.

3. Documents which the requesting court considers necessary to enclose for the execution of the request shall be accompanied by a translation of the documents in the language in which the request was written.

Article 6 U.K. Language

Requests and communications made pursuant to this Regulation shall be drawn up in the official language of the requested Member State or, if there are several official languages in that Member State, in the official language or one of the official languages of the place where the requested taking of evidence is to take place, or in another language which that Member State has indicated it will accept.

Each Member State shall communicate to the Commission any official language of the Union other than its own in which the forms set out in Annex I may be completed.

Article 7 U.K. Transmission of requests and other communications

1. Requests and communications made pursuant to this Regulation shall be transmitted through a secure and reliable decentralised IT system with due respect for fundamental rights and freedoms. That decentralised IT system shall be based on an interoperable solution such as e-CODEX.

2. The general legal framework for the use of qualified trust services set out in Regulation (EU) No 910/2014 shall apply to the requests and communications transmitted through the decentralised IT system.

3. Where requests and communications referred to in paragraph 1 of this Article require or feature a seal or handwritten signature, qualified electronic seals or qualified electronic signatures as defined in Regulation (EU) No 910/2014 may be used instead.

4. Where transmission in accordance with paragraph 1 is not possible due to the disruption of the decentralised IT system or to the nature of the evidence concerned, or due to exceptional circumstances, the transmission shall be carried out by the swiftest, most appropriate alternative means, taking into account the need to ensure reliability and security.

Article 8 U.K. Legal effects of electronic documents

Documents that are transmitted through the decentralised IT system shall not be denied legal effect or considered inadmissible as evidence in the proceedings solely on the grounds that they are in electronic form.