Gathering Evidence in Aid of Foreign Litigation Guide |
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Bolivia |
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(Latin America/Caribbean)
Firm
C.R. & F. Rojas - Abogados
Contributors
Manfredo Kempff |
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| Does your jurisdiction permit gathering evidence in aid of foreign litigation? | Yes It does allow to generate, process and send evidence to be used in aid of foreign litigation. |
| 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. | Our procedural norm regulates from Chapter III the International Judicial Cooperation, in article 497 and following, provides that the legal measures requested in aid of foreign litigation by foreign courts will be executed and fulfilled by the Bolivian judicial authorities, in the application of the lex fori rule or law of the court of the place in which the diligence is carried out, under the condition that it is applied when they are not contrary to national legislation or international public order, be they in civil, commercial, criminal, administrative or other matters. |
| Do requests for gathering evidence require approval by a court or administrative body? Please indicate the appropriate forum for making such requests. | When the judicial authority has to order some diligence of mere procedure to be fulfilled abroad in relation to the acts of procedural communication or receipt or obtaining of evidence and reports, it will issue a plea request. It proceeds the same way by the Bolivian judicial authority in the case of rogatory letters and other commissions from abroad. |
| What types of information can be sought? Requests for Documents? Written questions? Depositions? | Foreign authorities may request all kinds of licit legal evidence, documentary, testimonial, expert reports and all those evidence permitted by law. |
| Who bears the burden of showing whether any privileges apply? | The competent courts to hear requests for international collaboration |
| 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 necessary that the requested information and evidence is allowed in the national jurisdiction. |
| If your jurisdiction allows depositions, may they be conducted remotely (by videoconference, Zoom etc.) | Yes, depositions can be made by videoconference, the use of this type of technology is approved and is commonly used. |
| 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? | The only limitation would be that the measures requested by foreign courts are contrary to national legislation or international public order, to the current laws in civil, commercial, administrative criminal matters. |
| 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. |
| Would your answers differ materially if the foreign proceeding is arbitration, and if so how? | No. the Arbitral Tribunal may additionally apply the civil procedural rules in civil matters if there is no different treatment chosen by the parties. |
Gathering Evidence in Aid of Foreign Litigation Guide
Bolivia
(Latin America/Caribbean) Firm C.R. & F. Rojas - AbogadosContributors Manfredo Kempff
Updated 18 Mar 2022Yes It does allow to generate, process and send evidence to be used in aid of foreign litigation.
Our procedural norm regulates from Chapter III the International Judicial Cooperation, in article 497 and following, provides that the legal measures requested in aid of foreign litigation by foreign courts will be executed and fulfilled by the Bolivian judicial authorities, in the application of the lex fori rule or law of the court of the place in which the diligence is carried out, under the condition that it is applied when they are not contrary to national legislation or international public order, be they in civil, commercial, criminal, administrative or other matters.
When the judicial authority has to order some diligence of mere procedure to be fulfilled abroad in relation to the acts of procedural communication or receipt or obtaining of evidence and reports, it will issue a plea request. It proceeds the same way by the Bolivian judicial authority in the case of rogatory letters and other commissions from abroad.
Foreign authorities may request all kinds of licit legal evidence, documentary, testimonial, expert reports and all those evidence permitted by law.
The competent courts to hear requests for international collaboration
It is necessary that the requested information and evidence is allowed in the national jurisdiction.
Yes, depositions can be made by videoconference, the use of this type of technology is approved and is commonly used.
The only limitation would be that the measures requested by foreign courts are contrary to national legislation or international public order, to the current laws in civil, commercial, administrative criminal matters.
Yes.
No. the Arbitral Tribunal may additionally apply the civil procedural rules in civil matters if there is no different treatment chosen by the parties.