Evidence Abroad
Taking Evidence Abroad
Where persons are outside the jurisdiction, practical issues may arise in compelling evidence. The courts may request foreign courts to take evidence for proceedings before them. The Irish courts may order the examination of a witness abroad on commission on such terms as they order. In this case, the order is effective only if the addressee is willing to comply.
Evidence on commission may be admissible if it is essential for the proceedings and the witness can’t be produced. Evidence on commission may be ordered if the witness can’t afford or cannot practically come to give evidence, for sufficient reason.
A letter of request may be issued by a court to a court in another state requesting the examination of a witness. Some international conventions apply. Evidence requested by foreign tribunals is governed by the Foreign Tribunals Evidence Act 1856.
Inward Evidence Requests
In the case of inward requests, the request may be channelled by diplomatic means to the Department of Foreign Affairs. An application may be made to a judge of the High Court. The order may direct the examination to be made, for example before a District Judge.
The High Court may give all directions as to the time, place, and manner of such examination and all other matters connected therewith as may appear reasonable and just. Any such Order may be enforced as a domestic court order
The Irish courts will refuse requests where they are contrary to domestic public policy. The Act allows witnesses the same powers to refuse to answer questions if it would incriminate them as applied in domestic proceedings.
Conventions
The rules of the superior courts provide for the procedure for examination of a witness before an Irish consul in a foreign country with which there is a convention. There is a bilateral consular Convention with the United States.
The Hague Conference on Private International Law adopted a convention on the taking of evidence abroad in civil and commercial matters. The convention seeks to facilitate the taking of evidence abroad. Check if Ireland has ratified the convention.