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The Gathering of Evidence in France in Support of Foreign Proceedings on the Merits

Author: Youna LE BERRE / Etienne PATAUT

Type: Article

ref: 1200453-71

N0:1 of 2004

Pages: 53-71

This is a study of the procedural paths available for the taking of evidence in France in support of foreign proceedings on the merits. Various hypotheses are envisaged: purely voluntary searches for evidence, orders to disclose evidence (such as injunctions) pronounced by foreign courts, and also measures for the taking of evidence authorised by a foreign judge and/or a French judge, for instance international letters of request. Rules for better judicial cooperation considered in this study include provisions of the French New Code of Civil Procedure, the 18 March 1970 Hague Convention on the taking of evidence abroad, European Regulation 1206/2001 of 28 May 2001 related to the taking of evidence in civil or commercial matters. Specific developments are devoted to the impact of the Law of 16 July 1980 on these rules of judicial cooperation and to the compatibility of this French Blocking Statute with European regulation.