8. Article
Līgumslēdzēja valsts var paziņot, ka lūguma iesniedzējas tiesu iestādes pārstāvji no citas līgumslēdzējas valsts var būt klāt tiesiskās palīdzības lūguma izpildē. Vienlaikus var tikt lūgta paziņojuma izteikušās valsts kompetentās iestādes iepriekšēja atļauja.
- a)) the authority requesting its execution and the authority requested to execute it, if known to the requesting authority;
- b)) the names and addresses of the parties to the proceedings and their representatives, if any;
- c)) the nature of the proceedings for which the evidence is required, giving all necessary information in regard thereto;
- d)) the evidence to be obtained or other judicial act to be performed.
- e)) the names and addresses of the persons to be examined;
- f)) the questions to be put to the persons to be examined or a statement of the subject-matter about which they are to be examined;
- g)) the documents or other property, real or personal, to be inspected;
- h)) any requirement that the evidence is to be given on oath or affirmation, and any special form to be used;
- i)) any special method or procedure to be followed under Article 9.
- a)) under the law of the State of execution; or
- b)) under the law of the State of origin, and the privilege or duty has been specified in the Letter, or, at the instance of the requested authority, has been otherwise confirmed to that authority by the requesting authority.
- a)) in the State of execution the execution of the Letter does not fall within the functions of the judiciary; or
- b)) the State addressed considers that its sovereignty or security would be prejudiced thereby.
- a)) a competent authority designated by the State in which he exercises his functions has given its permission either generally or in the particular case, and
- b)) he complies with the conditions which the competent authority has specified in the permission.
- a)) a competent authority designated by the State where the evidence is to be taken has given its permission either generally or in the particular case; and
- b)) he complies with the conditions which the competent authority has specified in the permission.
- a)) he may take all kinds of evidence which are not incompatible with the law of the State where the evidence is taken or contrary to any permission granted pursuant to the above Articles, and shall have power within such limits to administer an oath or take an affirmation;
- b)) a request to a person to appear or to give evidence shall, unless the recipient is a national of the State where the action is pending, be drawn up in the language of the place where the evidence is taken or be accompanied by a translation into such language;
- c)) the request shall inform the person that he may be legally represented and, in any State that has not filed a declaration under Article 18, shall also inform him that he is not compelled to appear or to give evidence;
- d)) the evidence may be taken in the manner provided by the law applicable to the court in which the action is pending provided that such manner is not forbidden by the law of the State where the evidence is taken;
- e)) a person requested to give evidence may invoke the privileges and duties to refuse to give the evidence contained in Article 11.
- a)) declaring that Letters of Request may be transmitted to its judicial authorities through channels other than those provided for in Article 2;
- b)) permitting, by internal law or practice, any act provided for in this Convention to be performed upon less restrictive conditions;
- c)) permitting, by internal law or practice, methods of taking evidence other than those provided for in this Convention.
- a)) the provisions of Article 2 with respect to methods of transmitting Letters of Request;
- b)) the provisions of Article 4 with respect to the languages which may be used;
- c)) the provisions of Article 8 with respect to the presence of judicial personnel at the execution of Letters;
- d)) the provisions of Article 11 with respect to the privileges and duties of witnesses to refuse to give evidence;
- e)) the provisions of Article 13 with respect to the methods of returning executed Letters to the requesting authority;
- f)) the provisions of Article 14 with respect to fees and costs;
- g)) the provisions of Chapter II.
- a)) the designation of the authorities to whom notice must be given, whose permission may be required, and whose assistance may be invoked in the taking of evidence by diplomatic officers and consular agents, pursuant to Articles 15, 16 and 18 respectively;
- b)) the designation of the authorities whose permission may be required in the taking of evidence by commissioners pursuant to Article 17 and of those who may grant the assistance provided for in Article 18;
- c)) declarations pursuant to Articles 4, 8, 11, 15, 16, 17, 18, 23 and 27;
- d)) any withdrawal or modification of the above designations and declarations;
- e)) the withdrawal of any reservation.
- a)) the signatures and ratifications referred to in Article 37;
- b)) the date on which the present Convention enters into force in accordance with the first paragraph of Article 38;
- c)) the accessions referred to in Article 39 and the dates on which they take effect;
- d)) the extensions referred to in Article 40 and the dates on which they take effect;
- e)) the designations, reservations and declarations referred to in Articles 33 and 35;
- f)) the denunciations referred to in the third paragraph of Article 41.
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