Call us now:
When a civil or commercial dispute has an international dimension, the relevant evidence (witness testimony, documents, expert reports) is often located outside national borders. The Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters, in force in France since 1974, governs this judicial cooperation between more than seventy States.
Two Ways to Take Evidence Abroad
Letters of request
The court hearing the case sends a request to the Central Authority of the requested State, which forwards it to the competent judicial authority. That authority executes the request under its own procedural law. It may, however, follow a special method or procedure requested (testimony under oath, cross-examination, etc.) unless it is incompatible with its domestic law. Refusal to execute is strictly limited: it is only possible where the request falls outside the functions of the judiciary or where the sovereignty or security of the requested State would be prejudiced.
Diplomatic officers, consular agents and commissioners
Evidence may also be taken directly, without compulsion, by a consul or by a duly appointed commissioner. This usually requires the permission of the State in whose territory the evidence is taken.
Implementation in France
A centralised procedure
The French Central Authority is the Ministry of Justice (Directorate of Civil Affairs and the Seal). Letters of request received from abroad are executed in accordance with Articles 733 et seq. of the French Code of Civil Procedure. They must be drafted in French or accompanied by a translation.
Limited openness to pre-trial discovery
France made the reservation provided for in Article 23 of the Convention, which it relaxed in 1987. A request for the production of documents is only admissible if the documents are specifically listed and have a direct and precise connection with the subject matter of the dispute.
Interaction with the French Blocking Statute
Law No. 68-678 of 26 July 1968 prohibits, subject to criminal penalties, the disclosure of certain economic, commercial, industrial, financial or technical information for use in foreign proceedings, except as provided by international treaties. The Convention is therefore the lawful channel for transmitting such evidence. Since the Decree of 18 February 2022, companies receiving such requests must refer the matter to the SISSE, a department of the French Ministry of the Economy, which assists them in the process.
The specific case of the European Union
Between Member States (except Denmark), Regulation (EU) 2020/1783, applicable since 1 July 2022, replaces the Convention. It allows for faster, digital exchanges.
Why Legal Assistance Is Essential
Choosing the right transmission channel, drafting the request, complying with the Blocking Statute: taking evidence abroad requires rigour and forward planning. A lawyer experienced in international litigation can help you secure the gathering of evidence and preserve its admissibility before the court. Contact the firm to discuss your case.