	Gathering Evidence in Aid of Foreign Litigation Guide
	Chile
	(Latin America/Caribbean) Firm Claro & Cia., Abogados Contributors José Huerta Updated 21 Mar 2022
Does your jurisdiction permit gathering evidence in aid of foreign litigation?	Yes, it does. The procedure is carried out through international requests by interrogatory letters.
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.	Chile is not part of the Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters (the “Hague Evidence Convention”). However, Chile has signed bilateral and multilateral treaties with other countries. The most relevant multilateral treaties are the Inter-American Convention on the taking of evidence abroad (1976)¹ and the Agreement on Cooperation and Jurisdictional Assistance in Civil, Commercial, Labor and Administrative Matters between MERCOSUR’s state parties and the Republic of Bolivia and the Republic of Chile² (2009)³. [1] The signatory countries of this convention are Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Uruguay, and Venezuela. [2] Free translation of Acuerdo de cooperación y asistencia jurisdiccional en materia civil, comercial, laboral y administrativa entre los Estados Partes del MERCOSUR y la República de Bolivia y la República de Chile. [3] The signatory countries of this agreement are Argentina, Brazil, Paraguay, Uruguay, Bolivia, and Chile.
Do requests for gathering evidence require approval by a court or administrative body? Please indicate the appropriate forum for making such requests.	Such requests require the approval of the Chilean Supreme Court. If the international request comes from outside Chile (for gathering evidence in Chile), the procedure has the following stages: The request is received by (a) the Directorate of International Affairs and Human Rights of the Chilean Supreme Court⁴ or (b) by the Chilean Ministry of Foreign Affairs⁵. The request is forwarded to the Chilean Supreme Court, which examines its form and substance. If the Court approves the request, it will be carried out by an instance court. If the international request comes from Chile (for gathering evidence abroad), the procedure has the following stages: The interested party submits such request before the instance court. The instance court forwards the request to the Chilean Supreme Court, which examines its form and substance. If the Court approves the request, it will order to be carried out through (a) the Directorate of International Affairs and Human Rights of the Chilean Supreme Court or (b) the Chilean Ministry of Foreign Affairs. [4] Free translation of Dirección de Asuntos Internacionales y Derechos Humanos de la Corte Suprema de Chile. [5] Free translation of Ministerio de Relaciones Exteriores de Chile. [5] The signatory countries of this agreement are Argentina, Brazil, Paraguay, Uruguay, Bolivia, and Chile. [5] Free translation of Dirección de Asuntos Internacionales y Derechos Humanos de la Corte Suprema de Chile. [5] Free translation of Ministerio de Relaciones Exteriores de Chile.
What types of information can be sought? Requests for Documents? Written questions? Depositions?	Generally, all types of evidence (documents, exhibitions, depositions, reports, etc.) to this point, it is important to bear in mind that the Inter-American Convention on the taking of evidence abroad (1976) establishes that “the requested court may refuse to execute the international request when the purpose of the international request is to receive or obtain evidence prior to judicial proceedings or in the case of the procedure known in common law countries as ‘pretrial discovery of documents'.”
Who bears the burden of showing whether any privileges apply?	Generally, the interested party.
Does there need to be any showing that the information sought is allowable in the foreign jurisdiction in which the action is pending?	Generally, it is not necessary.
If your jurisdiction allows depositions, may they be conducted remotely (by videoconference, Zoom etc.)	Depositions may be conducted remotely (by videoconference) until December 10, 2022. After that, they will have to be rendered on the premises of the court.
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?	Chilean citizens are free to give evidence in a foreign proceeding.
Would your answers differ materially if the foreign proceeding is arbitration, and if so how?	No, the previous answers also apply in the case of arbitration.

Gathering Evidence in Aid of Foreign Litigation Guide

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Does your jurisdiction permit gathering evidence in aid of foreign litigation?

Yes, it does. The procedure is carried out through international requests by interrogatory letters.

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.

Chile is not part of the Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters (the “Hague Evidence Convention”). However, Chile has signed bilateral and multilateral treaties with other countries. The most relevant multilateral treaties are the Inter-American Convention on the taking of evidence abroad (1976)¹ and the Agreement on Cooperation and Jurisdictional Assistance in Civil, Commercial, Labor and Administrative Matters between MERCOSUR’s state parties and the Republic of Bolivia and the Republic of Chile² (2009)³.

[1] The signatory countries of this convention are Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Uruguay, and Venezuela.

[2] Free translation of Acuerdo de cooperación y asistencia jurisdiccional en materia civil, comercial, laboral y administrativa entre los Estados Partes del MERCOSUR y la República de Bolivia y la República de Chile.

[3] The signatory countries of this agreement are Argentina, Brazil, Paraguay, Uruguay, Bolivia, and Chile.

Do requests for gathering evidence require approval by a court or administrative body? Please indicate the appropriate forum for making such requests.

Such requests require the approval of the Chilean Supreme Court.

If the international request comes from outside Chile (for gathering evidence in Chile), the procedure has the following stages:
1. The request is received by (a) the Directorate of International Affairs and Human Rights of the Chilean Supreme Court⁴ or (b) by the Chilean Ministry of Foreign Affairs⁵.
2. The request is forwarded to the Chilean Supreme Court, which examines its form and substance. If the Court approves the request, it will be carried out by an instance court.
If the international request comes from Chile (for gathering evidence abroad), the procedure has the following stages:
1. The interested party submits such request before the instance court.
2. The instance court forwards the request to the Chilean Supreme Court, which examines its form and substance. If the Court approves the request, it will order to be carried out through (a) the Directorate of International Affairs and Human Rights of the Chilean Supreme Court or (b) the Chilean Ministry of Foreign Affairs.

[4] Free translation of Dirección de Asuntos Internacionales y Derechos Humanos de la Corte Suprema de Chile.
[5] Free translation of Ministerio de Relaciones Exteriores de Chile.
[5] The signatory countries of this agreement are Argentina, Brazil, Paraguay, Uruguay, Bolivia, and Chile.
[5] Free translation of Dirección de Asuntos Internacionales y Derechos Humanos de la Corte Suprema de Chile.
[5] Free translation of Ministerio de Relaciones Exteriores de Chile.

What types of information can be sought? Requests for Documents? Written questions? Depositions?

Generally, all types of evidence (documents, exhibitions, depositions, reports, etc.) to this point, it is important to bear in mind that the Inter-American Convention on the taking of evidence abroad (1976) establishes that “the requested court may refuse to execute the international request when the purpose of the international request is to receive or obtain evidence prior to judicial proceedings or in the case of the procedure known in common law countries as ‘pretrial discovery of documents'.”

Who bears the burden of showing whether any privileges apply?

Generally, the interested party.

Does there need to be any showing that the information sought is allowable in the foreign jurisdiction in which the action is pending?

Generally, it is not necessary.

If your jurisdiction allows depositions, may they be conducted remotely (by videoconference, Zoom etc.)

Depositions may be conducted remotely (by videoconference) until December 10, 2022. After that, they will have to be rendered on the premises of the court.

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?

Chilean citizens are free to give evidence in a foreign proceeding.

Would your answers differ materially if the foreign proceeding is arbitration, and if so how?

No, the previous answers also apply in the case of arbitration.

Gathering Evidence in Aid of Foreign Litigation Guide

Chile

Gathering Evidence in Aid of Foreign Litigation Guide

Chile

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