Earlier this month, the German Ministry of Justice published a draft law almost identical to the one proposed in 2016/2017 but not implemented. Under the proposed new wording of the German law implementing the Evidence Convention (HBÜAusfG), Germany would consider requests for disclosure of documents under the Hague Convention on Evidence if these conditions are met: as soon as the parties become aware of the possibility of an Irish dispute, All relevant evidence should be protected and obtained. The purpose of the disclosure procedure is to enable parties to a civil case to obtain from an opponent all documents relevant to the issues in dispute. The discovery usually takes place after the conclusion of the pleadings. Tailored investigations are generally ordered when the parties agree to a narrow scope of disclosure as standard discovery. The parties are encouraged by the court to agree on tailored investigation orders. There is no discovery or disclosure process under Thai law. However, if one of the parties becomes aware of a particular document that the opposing party has in its possession and that is relevant to the proceedings, it may request and obtain a subpoena from the court for that specific document. According to the case law of the Austrian courts, there is no discovery/disclosure procedure.

In addition, illegally obtained evidence is in principle admissible in the proceedings, unless it has been obtained in violation of the fundamental rights guaranteed by the Constitution. On 19 January 2022, the Federal Ministry of Justice presented a draft amendment to the implementing legislation. The law was adopted by the Bundestag and the Bundesrat and will enter into force on 1 July 2022. [9] It includes a revision of Article 14 of the Implementing Act, transforming the previous absolute reservation under Article 23 of the Hague Convention on Evidence into a limited and specific reservation. The new Article 14 of the implementing law stipulates that the courts must deal with requests for mutual legal assistance in the pre-trial disclosure of documents if the following five conditions are met: Germany has entered a reservation under Article 23 of the Hague Convention on Evidence and does not execute requests „made for the purpose of pre-litigation disclosure of documents as known in common countries“. law“. Long-time readers of this blog may recall that we read articles like „Is Germany`s position on pre-trial disclosure of documents softening under the Hague Evidence Convention?“ (2015) and even „Germany`s position on pre-trial discovery is softening!“ (2017). Spoiler alert: Germany`s position has not changed. Shortly after taking office in 2017, the Legal Affairs Committee of the Bundestag terminated the proposal to relax the German reserve under Article 23. With this warning of caution, we report a new attempt to change Germany`s position.

However, it is possible that a party may ask the court to order the opposing party or that the court may order the disclosure of documents set out in a particular application of its own motion. The party requesting disclosure must demonstrate that it has a legitimate interest in the documents for the purposes of the case. The submission of documents may be requested only after the commencement of judicial proceedings. In practice, however, disclosure orders are rare. [5] Article 23 of the Hague Convention on Evidence: A State Party may, at the time of signature, ratification or accession, declare that it will obtain letters rogatory to obtain the disclosure before the trial of documents as known in common law countries prior to the proceedings, See assets.hcch.net/docs/dfed98c0-6749-42d2-a9be-3d41597734f1.pdf. In short, the judge or panel of judges plays an active role in the German legal system by examining the facts. They determine the oral testimony and/or evidence that is admissible and necessary, as they are the ones who make the final decision. In the United States, parties review the facts before trial and lawyers present their case to the jury, which ultimately renders its verdict. The judge merely observes, acts as an arbitrator and enforces the law. The new rules provide for a more tailored approach to disclosure, tailored to the specific needs of each case, with much of the data mapping work being done in preparation for the case management conference and set out in a document called the Disclosure Review Document.

There are explicit obligations (called disclosure obligations) for parties and their legal representatives regarding the retention of documents and compliance with disclosure orders, as well as specific provisions of the Rules. Standard disclosure requires each party to disclose documents that are or were under its control and that: Under the laws of the PRC, interim measures for the preservation of evidence are available during and prior to the commencement of legal proceedings if the evidence is likely to be destroyed or difficult to obtain at a later date. A party may request the competent court to preserve evidence, and the court may also take provisional measures of its own motion. The party seeking the preservation of evidence is normally requested by the court to provide security in the event that such preservation of evidence causes losses to other related parties. Each party shall request in writing from the other party the voluntary disclosure of documents relevant to the dispute (which the other party possesses or previously had in its possession, power or procurement). The request will indicate the classes of records sought (and the reasons why each class is required). If the opponent rejects the application or contests its scope, the party asks the court to order disclosure. The parties then take an affidavit of discovery, listing all relevant, privileged and non-privileged documents, after which the non-privileged documents are disclosed. The purpose of disclosure is to give a litigant the opportunity to obtain evidence from the opposing party to prove facts relevant to a party`s claims after a complaint has been filed, but before the legal process begins.