International Co-Operation in Litigation: Europe

Detailed Table of Contents.- 1. Introduction.- I. The Aims of the Project on International Procedure.- A. The Program of Domestic Refor.- B. Study of Foreign Procedure.- II. United States Procedures of International Cooperation in Litigation.- A. Introductio.- B. Co-Operation Provided by the United State.- 1. Service of documents in the United State.- 2. Taking of testimony in the United State.- 3. Obtaining documentary and other tangible evidence in the United State.- 4. Proof of American official record.- 5. Proof of American la.- C. Co-Operation Sought by the United States.- 1. Service of American documents abroad.- 2. Taking testimony abroad.- 3. Obtaining documentary and other tangible evidence abroad.- 4. Proof of foreign official documents.- 5. Proof of foreign law.- 2. International Co-Operation in Litigation: Austria.- I. Introduction.- II. Co-Operation Sought by Austria.- A. Service of Austrian Documents Abroad.- B. Taking Testimony Abroad for Use in Austria.- C. Obtaining Tangible Evidence Abroad for Use in Austria.- D. Proof of Foreign Official Records in Austria.- E. Proof of Foreign Law in Austria.- III. Co-Operation Rendered by Austria.- A. Service of Foreign Documents in Austria.- B. Taking Testimony in Austria for Use Abroad.- C. Obtaining Tangible Evidence in Austria for Use Abroad.- D. Obtaining Proof of Austrian Official Documents.- E. Proof of Austrian Law Abroad.- 3. International Co-Operation in Litigation: Belgium.- I. Introduction.- II. Co-Operation Rendered by Belgium.- A. Service of Documents in Belgium.- B. Obtaining Testimonial Evidence in Belgium.- C. Obtaining Tangible Evidence in Belgium.- D. Obtaining Proof of Official Documents in Belgium.- E. Obtaining Proof of Belgian Law.- III. Co-Operation Sought by Belgium.- A. Service of Belgian Documents Abroad.- B. Obtaining Testimonial Evidence Abroad.- C. Obtaining Tangible Evidence Abroad.- D. Proof of Foreign Official Documents in Belgium.- E. Proof of Foreign Law in Belgium.- 4. International Co-Operation in Litigation: Denmark.- I. Introduction.- II. Co-Operation Sought by Denmark.- A. Service of Danish Documents in Foreign Countries.- B. Taking Testimony in Foreign Countries for Use in Denmark.- C. Obtaining Tangible Evidence in Foreign Countries for Use in Denmark.- D. Proof of Foreign Official Records in Denmark.- E. Proof of Foreign Law in Denmark.- III. Co-Operation Granted by Denmark.- A. Service of Foreign Documents in Denmark.- 1. Summary of basic Danish rules relating to service.- 2. Methods of serving foreign documents.- B. Taking Testimony in Denmark for Use in Foreign Countries.- 1. Summary of basic Danish rules on proof-taking.- 2. Proof-taking for use abroad.- C. Obtaining Tangible Evidence in Denmark for Use in Foreign Countries.- D. Obtaining Proof of Danish Official Documents.- E. Obtaining Proof of Danish Law.- 5. International Co-Operation in Litigation: England.- I. Introduction.- A. Definition of Terms.- B. General Background.- II. Co-Operation Rendered by England.- A. Service of Foreign Documents in England.- 1. Service through private channels.- 2. Service in response to letters of request.- 3. Service pursuant to conventions.- B. Obtaining Testimonial Evidence in England for Use in a Foreign Country.- 1. Taking testimony without official English assistance.- 2. Taking testimony with official English assistance.- C. Obtaining Non-Official Tangible Evidence in England for Use in a Foreign Country.- 1. Production without official English assistance.- 2. Production with official English assistance.- D. Obtaining Proof of Official Records in England for Use in a Foreign Country.- E. Proof of English Law.- III. Co-Operation Sought by England.- A. Service of English Documents in a Foreign Country.- 1. Service in the English manner.- 2. Service in the foreign manner.- 3. Service in convention countries.- B. Obtaining Testimonial Evidence in a Foreign Country.- 1. Taking testimony abroad before a special examiner.- 2. Taking testimony abroad by commission or mandamus.- 3. Taking testimony abroad pursuant to letters of request.- 4. Taking testimony abroad pursuant to convention.- C. Obtaining Non-Official Tangible Evidence in a Foreign Country.- 1. Production by a party.- 2. Detention, preservation, or inspection of property.- 3. Production by a third person.- D. Proof of Foreign Official Documents in England.- E. Proof of Foreign Law in England.- 6. International Co-Operation in Litigation: Finland.- I. Introduction.- II. Co-Operation Sought by Finland.- A. Service of Finnish Documents in a Foreign Country.- 1. Summary of Finnish rules on service of process.- 2. Effecting service of Finnish documents abroad.- B. Taking Testimony in a Foreign Country for Use in Finland.- C. Obtaining Tangible Evidence in a Foreign Country for Use in Finland.- D. Proof in Finland of Foreign Official Records.- E. Proof of Foreign Law in Finland.- III. Co-Operation Rendered by Finland.- A. Service of Foreign Documents in Finland.- B. Taking Testimony in Finland for Use in a Foreign Country.- C. Obtaining Tangible Evidence in Finland for Use in a Foreign Country.- D. Proof in a Foreign Country of Finnish Official Records.- E. Obtaining Proof of Finnish Law.- 7. International Co-Operation in Litigation: France.- I. Introduction.- II. Co-Operation Sought by France.- A. Service of French Documents in a Foreign Country.- B. Taking Testimony in a Foreign Country for Use in France.- C. Obtaining Tangible Evidence in a Foreign Country for Use in France.- D. Obtaining Proof of Foreign Official Documents for Use in France.- E. Proof of Foreign Law in France.- III. Co-Operation Rendered by France.- A. Service of Foreign Documents in France.- B. Taking Testimony in France for Use in a Foreign Country.- C. Obtaining Tangible Evidence in France for Use in a Foreign Country.- D. Obtaining Proof of French Official Records.- E. Proof of French Law.- 8. International Co-Operation in Litigation: the Federal Republic of Germany.- I. Introduction.- II. Co-Operation Sought by Germany.- A. Service of German Documents in a Foreign Country.- B. Taking Testimony in a Foreign Country for Use in Germany.- C. Obtaining Tangible Evidence in a Foreign Country for Use in Germany.- D. Obtaining Proof of Official Records in a Foreign Country for Use in Germany.- E. Proof of Foreign Law in Germany.- III. CO-Operation Granted by Germany.- A. Service of Foreign Documents in Germany.- B. Taking Testimony in Germany for Use in a Foreign Country.- C. Obtaining Tangible Evidence in Germany for Use in a Foreign Country.- D. Obtaining Proof of Official Records in Germany.- E. Obtaining Proof of German Law.- 9. International Co-Operation in Litigation: Greece.- I. Introduction.- II. Co-Operation Sought by Greece.- A. Service of Greek Documents in a Foreign Country.- B. Taking Testimony in a Foreign Country for Use in Greece.- C. Obtaining Non-Official Tangible Evidence in a Foreign Country for Use in Greece.- D. Proof in Greece of Foreign Official Records.- E. Proof of Foreign Law in Greek Courts.- III. Co-Operation Rendered in Greece.- A. Service of Foreign Documents in Greece.- B. Taking Testimony in Greece for Use in a Foreign Country.- C. Obtaining Non-Official Tangible Evidence in Greece for Use in a Foreign Country.- D. Proof of Greek Officials Records in a Foreign Country.- E. Proof of Greek Law in Foreign Courts.- 10. International Co-Operation in Litigation: Italy.- I. Introduction.- A. Definition.- B. Most Favored Nation Treatment.- II. Co-Operation Rendered by Italy.- A. Service of Foreign Documents in Italy.- B. Obtaining Testimonial Evidence in Italy for Use in a Foreign Country.- 1. Introduction.- 2. Depositions taken outside Italian courts.- 3. Letters rogatory: form and content.- 4. Procedure under letters rogatory.- 5. Italian-British Convention provisions.- C. Obtaining Non-Official Tangible Evidence in Italy for Use in a Foreign Country.- D. Obtaining Proof of Italian Official Records for Use in a Foreign Country.- E. Obtaining Proof of Italian Law.- F. Provisional Remedies in Aid of Foreign Proceedings.- III. Co-Operation Sought by Italy.- A. Service of Italian Documents in a Foreign Country.- B. Obtaining Testimonial Evidence in a Foreign Country for Use in Italy.- C. Obtaining Non-Official Tangible Evidence in a Foreign Country for Use in Italy.- D. Proof of Foreign Law in Italy.- 11. International Co-Operation in Litigation: Norway.- I. Introduction.- II. Co-Operation Sought by Norway.- A. Service of Norwegian Documents in Foreign Countries.- B. Taking Testimony in Foreign Countries for Use in Norway.- C. Obtaining Non-Official Tangible Evidence in Foreign Countries for Use in Norway.- D. Proof of Foreign Official Documents in Norway.- E. Proof of Foreign Law in Norway.- III. Co-Operation Provided by Norway.- A. Service of Foreign Documents in Norway.- 1. Summary of basic Norwegian rules relating to service.- 2. Methods of serving foreign documents in Norway.- B. Taking Testimony in Norway for Use in Foreign Countries.- 1. Summary of Norwegian rules on taking testimony.- 2. Methods of taking testimony in Norway for use in foreign countries.- C. Obtaining Non-Official Tangible Evidence in Norway for Use in Foreign Countries.- D. Obtaining Proof of Norwegian Official Records.- E. Proof of Norwegian Law in Foreign Countries.- 12. International Co-Operation in Litigation: Portugal.- I. Introduction.- II. Co-Operation Sought by Portugal.- A. Service of Portuguese Documents Abroad.- B. Taking Testimony in a Foreign Country for Use in Portugal.- C. Obtaining Tangible Evidence in a Foreign Country for Use in Portugal.- D. Proof in Portugal of Official Records Kept in a Foreign Country.- E. Proof of Foreign Law in Portugal.- III. Co-Operation Provided by Portugal.- A. Service of Foreign Documents in Portugal.- B. Taking Testimony in Portugal for Use in a Foreign Country.- C. Obtaining Non-Official Tangible Evidence in Portugal for Use in a Foreign Country.- D. Proof of Portuguese Official Records.- E. Proof of Portuguese Law.- 13. International Co-Operation in Litigation: Spain.- I. Introduction.- II. Co-Operation Sought by Spain.- A. Service of Spanish Documents Abroad.- 1. Service in non-treaty countries.- 2. Service pursuant to treaty provisions.- B. Taking Testimony in a Foreign Country for Use in Spain.- C. Obtaining Tangible Evidence in a Foreign Country for Use in Spain.- D. Proof in Spain of Official Records Kept in a Foreign Country.- E. Proof of Foreign Law in Spain.- III. Co-Operation Provided by Spain.- A. Service of Foreign Documents in Spain.- B. Taking Testimony in Spain for Use in a Foreign Country.- C. Obtaining Non-Official Tangible Evidence in Spain for Use in a Foreign Country.- D. Proof of Spanish Official Records.- 14. International Co-Operation in Litigation: Sweden.- I. Introduction.- II. Co-Operation Sought by Sweden.- A. Service of Swedish Documents in Foreign Countries.- 1. Résumé of basic Swedish rules relating to service.- 2. Methods of effecting service abroad.- 3. Proof of service.- 4. Consequences of defective service.- B. Taking Testimony in Foreign Countries for Use in Sweden.- 1. Résumé of basic Swedish rules on proof-taking.- 2. Proof-taking abroad.- C. Obtaining Tangible Evidence in Foreign Countries for Use in Sweden.- 1. Résumé of basic Swedish rules on the production of tangible evidence.- 2. Obtaining tangible evidence abroad.- D. Obtaining Proof of Official Records in Foreign Countries for Use in Sweden.- 1. Résumé of basic Swedish rules on official documents.- 2. Proof of foreign official documents.- E. Proof of Foreign Law in Sweden.- 1. Obtaining knowledge of foreign law: The rôle of the court.- 2. Obtaining knowledge of foreign law.- 3. The consequences of failure to obtain knowledge of foreign law.- 4. Statutory guidance.- 5. Case law guidance.- 6. Commentarial guidance.- III. Co-Operation Granted by Sweden.- A. Service of Foreign Documents in Sweden.- B. Taking Testimony in Sweden for Use in Foreign Countries.- C. Obtaining Tangible Evidence in Sweden for Use in Foreign Countries.- D. Obtaining Proof of Official Documents in Sweden.- E. Obtaining Proof of Swedish Law.- 15. International Co-Operation in Litigation: Switzerland.- I. Introduction.- II. Co-Operation Provided by Switzerland.- A. Service of Documents in Switzerland.- B. Obtaining Testimonial Evidence in Switzerland.- C. Obtaining Tangible Evidence in Switzerland.- D. Obtaining Proof of Official Records in Switzerland.- E. Assistance in Determining the Law of Switzerland.- III. Co-Operation Sought by Switzerland.- A. Service of Swiss Documents Abroad.- B. Obtaining Testimonial Evidence Outside of Switzerland.- C. Obtaining Tangible Evidence Outside of Switzerland.- D. Proof of Foreign Official Records in Switzerland.- E. Proof of Foreign Law in Switzerland.- 16. International Co-Operation in Litigation: The Netherlands.- I. Introduction.- II. Co-Operation Sought by the Netherlands.- A. Service of Netherlands Documents Abroad.- B. Obtaining Testimonial Evidence Abroad for Use in The Netherlands.- C. Obtaining Tangible Evidence Abroad for Use in The Netherlands.- D. Proof of Foreign Official Records in The Netherlands.- E. Proof of Foreign Law in The Netherlands.- III. Co-Operation Rendered by the Netherlands.- A. Service of Foreign Documents in The Netherlands.- B. Obtaining Testimonial Evidence in The Netherlands for Use Abroad.- C. Obtaining Tangible Evidence in The Netherlands for Use Abroad.- D. Obtaining Proof of Netherlands Official Documents for Use Abroad.- E. Obtaining Proof of Netherlands Law for Use Abroad.- Appendix A. New Federal Statute.- I. An Act to Improve Judicial Procedures for Serving Documents, Obtaining Evidence, and Proving Documents in Litigation with International Aspects.- II. Report of the Committee on the Judiciary of the House of Representatives on the Bill.- Appendix B. New Federal Rules.- I. Rules 4(i), 26(c), and 28(b) of the Rules of Civil Procedure for the United States District Courts.- II. Proposed Amended Rule 44 and New Rule 44.1 of the Rules of Civil Procedure for the United States District Courts.- III. Proposed New Rule 26.1 of the Rules of Criminal Procedure for the United States District Courts.- Appendix C. Uniform Interstate and International Procedure Act.