Gathering Evidence in Aid of Foreign Litigation Guide |
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Sweden |
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| (Europe) Firm Advokatfirman Vinge KB Updated 26 Apr 2022 | |
| Does your jurisdiction permit gathering evidence in aid of foreign litigation? | Yes. |
| 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:
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| Do requests for gathering evidence require approval by a court or administrative body? Please indicate the appropriate forum for making such requests. | According to the Act on the Taking of Evidence for a Foreign Court of Law (Sw. Lag (1946:816) om bevisupptagning åt utländsk domstol), Section 1, a request on gathering evidence in aid of foreign litigation shall be made to the Ministry of Justice. However, according to case law, courts within Scandinavia and the European Union can directly request a local court. The taking of evidence shall be carried out by a lower court of general jurisdiction. According to the Swedish Act (2003:493) concerning Council Regulation (EC) No 1206/2001 of 28 May 2001 on Cooperation Between the Courts of the Member States in the Taking of Evidence in Civil or Commercial Matters, Section 5, taking of evidence shall be made by a district court. Any request made on the basis of the Agreement Between the Nordic Countries on Mutual Legal Aid of 26 April 1974 may be made directly between the courts or state authorities concerned. |
| What types of information can be sought? Requests for Documents? Written questions? Depositions? | The information sought may include any measure that “is connected to” the court proceedings, such as taking an oath, party, witness or expert examination, on-site judicial inspection, or inspection of documentary evidence. As a general rule, written witness statements are not allowed in Swedish courts (the Swedish Code of Judicial Procedure, Chapter 36, Section 16). According to the Act on the Taking of Evidence for a Foreign Court of Law, Section 5, Sub-section 1, the measures taken shall, as a general rule, be made in accordance with Swedish legislation. Accordingly, obtaining written witness testimony is unlikely to be allowed. |
| Who bears the burden of showing whether any privileges apply? | The burden of proof rest with the person/entity, 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? | No (with the exception of measures in violation of ordre public). In the event a person claims to be exempt or prohibited from providing evidence, the Swedish courts will likely trust the decision taken by the requesting foreign court. |
| If your jurisdiction allows depositions, may they be conducted remotely (by videoconference, Zoom etc.) | It is possible to use video conferences to conduct depositions. The final decision is made on a case-by-case basis by the judge in charge. |
| 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. |
| 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. Any person in Sweden may voluntarily give evidence in foreign proceedings without following any particular rules or procedures. |
| Would your answers differ materially if the foreign proceeding is arbitration, and if so how? | Yes, the referred Swedish legislation only applies to court cases. However, Section 50 of the Swedish Arbitration Act provides that a party in an arbitration seated abroad, with the permission of the arbitral tribunal, may request assistance with gathering evidence from national courts in the same way as is the case with arbitrations seated in Sweden. |
Gathering Evidence in Aid of Foreign Litigation Guide
Yes.
Yes:
- Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the Courts of the Member States in the Taking of Evidence in Civil or Commercial Matters.
- The Agreement between the Nordic Countries on Mutual Legal aid of 26 April 1974
According to the Act on the Taking of Evidence for a Foreign Court of Law (Sw. Lag (1946:816) om bevisupptagning åt utländsk domstol), Section 1, a request on gathering evidence in aid of foreign litigation shall be made to the Ministry of Justice. However, according to case law, courts within Scandinavia and the European Union can directly request a local court. The taking of evidence shall be carried out by a lower court of general jurisdiction.
According to the Swedish Act (2003:493) concerning Council Regulation (EC) No 1206/2001 of 28 May 2001 on Cooperation Between the Courts of the Member States in the Taking of Evidence in Civil or Commercial Matters, Section 5, taking of evidence shall be made by a district court.
Any request made on the basis of the Agreement Between the Nordic Countries on Mutual Legal Aid of 26 April 1974 may be made directly between the courts or state authorities concerned.
The information sought may include any measure that “is connected to” the court proceedings, such as taking an oath, party, witness or expert examination, on-site judicial inspection, or inspection of documentary evidence.
As a general rule, written witness statements are not allowed in Swedish courts (the Swedish Code of Judicial Procedure, Chapter 36, Section 16). According to the Act on the Taking of Evidence for a Foreign Court of Law, Section 5, Sub-section 1, the measures taken shall, as a general rule, be made in accordance with Swedish legislation. Accordingly, obtaining written witness testimony is unlikely to be allowed.
The burden of proof rest with the person/entity, who claims that a certain privilege applies.
No (with the exception of measures in violation of ordre public). In the event a person claims to be exempt or prohibited from providing evidence, the Swedish courts will likely trust the decision taken by the requesting foreign court.
It is possible to use video conferences to conduct depositions. The final decision is made on a case-by-case basis by the judge in charge.
No.
Yes. Any person in Sweden may voluntarily give evidence in foreign proceedings without following any particular rules or procedures.
Yes, the referred Swedish legislation only applies to court cases. However, Section 50 of the Swedish Arbitration Act provides that a party in an arbitration seated abroad, with the permission of the arbitral tribunal, may request assistance with gathering evidence from national courts in the same way as is the case with arbitrations seated in Sweden.