Gathering Evidence in Aid of Foreign Litigation Guide |
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Denmark |
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(Europe)
Firm
Kromann Reumert
Contributors
Claus Hansen |
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| Does your jurisdiction permit gathering evidence in aid of foreign litigation? | Yes. Section 190 of the Administration of Justice Act regulate witness examinations requested by foreign authorities, and section 347 concerns other evidence gatherings. |
| Is your jurisdiction a party to the Hague Evidence Convention? Are there other statutory requirements for obtaining evidence in aid of foreign litigation? Please indicate the relevant statutes. | Yes, Denmark is a contracting party to the Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters (the “Hague Evidence Convention”). |
| Do requests for gathering evidence require approval by a court or administrative body? Please indicate the appropriate forum for making such requests. | Yes, the request needs to be approved by the courts. According to section 343 of the Administration of Justice Act, the request needs to submit to the court at the place of residence for the witness or where the evidence in question is placed. |
| What types of information can be sought? Requests for Documents? Written questions? Depositions? | Request for documents (editionspålæg), witness examination, expert valuation (Syn og skøn). |
| Who bears the burden of showing whether any privileges apply? | The burden of proof rest with the party, who claims that a certain privilege applies. |
| Does there need to be any showing that the information sought is allowable in the foreign jurisdiction in which the action is pending? | It is not explicitly a condition under Danish law that the information sought is allowable in the foreign jurisdiction. It is, however, a condition that the request is sent by the foreign court, from which it follows that the foreign court has to allow the request under its jurisdiction. |
| If your jurisdiction allows depositions, may they be conducted remotely (by videoconference, Zoom etc.) | There is authority to conduct the examination of witnesses remotely in the Administration of Justice Act, but whether or not it will be allowed will depend on the courts' assessment in each case. It is, however, a premise that the examination can be conducted under proper conditions. |
| Has your jurisdiction adopted any “blocking statutes” that limit the extent to which residents in your jurisdiction may give evidence in a foreign court’s civil or criminal proceedings? | No, but the right of exemption from the duty to give evidence under the Administration of Justice Act and the Rules on Confidentiality in section 152 of the Criminal Code applies to all evidence gathering, and will therefore also limit the possibility to gather evidence in aid of foreign litigation. |
| May citizens residing in your jurisdiction voluntarily give evidence in a foreign proceeding? If not, what procedure must be followed before they can give evidence? If such restrictions exist, are they enforced in practice? | Yes. There is nothing prohibiting citizens in Denmark from voluntarily giving evidence in foreign proceedings. |
| Would your answers differ materially if the foreign proceeding is arbitration, and if so how? | No. According to section 27 of the Arbitration Act, the rules regarding evidence gathering in the Administration of Justice Act also apply to foreign arbitration cf. section 1, subsection 2 of the Arbitration Act. |
Gathering Evidence in Aid of Foreign Litigation Guide
Yes. Section 190 of the Administration of Justice Act regulate witness examinations requested by foreign authorities, and section 347 concerns other evidence gatherings.
Yes, Denmark is a contracting party to the Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters (the “Hague Evidence Convention”).
Yes, the request needs to be approved by the courts. According to section 343 of the Administration of Justice Act, the request needs to submit to the court at the place of residence for the witness or where the evidence in question is placed.
Request for documents (editionspålæg), witness examination, expert valuation (Syn og skøn).
The burden of proof rest with the party, who claims that a certain privilege applies.
It is not explicitly a condition under Danish law that the information sought is allowable in the foreign jurisdiction. It is, however, a condition that the request is sent by the foreign court, from which it follows that the foreign court has to allow the request under its jurisdiction.
There is authority to conduct the examination of witnesses remotely in the Administration of Justice Act, but whether or not it will be allowed will depend on the courts' assessment in each case. It is, however, a premise that the examination can be conducted under proper conditions.
No, but the right of exemption from the duty to give evidence under the Administration of Justice Act and the Rules on Confidentiality in section 152 of the Criminal Code applies to all evidence gathering, and will therefore also limit the possibility to gather evidence in aid of foreign litigation.
Yes. There is nothing prohibiting citizens in Denmark from voluntarily giving evidence in foreign proceedings.
No. According to section 27 of the Arbitration Act, the rules regarding evidence gathering in the Administration of Justice Act also apply to foreign arbitration cf. section 1, subsection 2 of the Arbitration Act.