	Gathering Evidence in Aid of Foreign Litigation Guide
	Guatemala
	(Latin America/Caribbean) Firm Mayora & Mayora, S.C. Contributors José Ramos Updated 22 Mar 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.	No. Guatemala is not a party to the Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters (the “Hague Evidence Convention”). Guatemala is part of the Inter-American Convention on Letters Rogatory. This convention applies to the request among the States' parties of such convention. When the request is presented by a state that is not a party to such, the regular diplomatic channels should apply. Provisions: Article 2. This convention shall apply to letters rogatory, issued in conjunction with proceedings in civil and commercial matters held before the appropriate judicial or other adjudicatory authority of one of the states parties to this convention, that have as their purpose: The performance of procedural acts of a merely formal nature, such as service of process, summonses or subpoenas abroad; The taking of evidence and the obtaining of information abroad unless a reservation is made in this respect. Article 3 This convention shall not apply to letters rogatory relating to procedural acts other than those specified in the preceding article, and in particular, it shall not apply to acts involving measures of compulsion. III. Transmission of Letters Rogatory Article 4 Letters rogatory may be transmitted to the authority to which they are addressed by the interested parties, through judicial channels, diplomatic or consular agents, or the central authority of the state of origin or of the state of destination, as the case may be. Each state party shall inform the General Secretariat of the Organization of the American States of the Central Authority competent to receive and distribute letters. IV. Requirements for Execution Article 5 Letters rogatory shall be executed in the states parties provided they meet the following requirements: The letter rogatory is legalized, except as provided for in Articles 6 and 7 of this convention. The letter rogatory shall be presumed to be duly legalized in the state of origin when legalized by the competent consular or diplomatic agent; The letter rogatory and the appended documentation are duly translated into the official language of the state of destination. Article 6 Whenever letters rogatory are transmitted through consular or diplomatic channels or through the central authority, legalization shall not be required. Article 7 Courts in border areas of the states parties may directly execute the letters rogatory contemplated in this convention and such letters shall not require legalization. Article 8 Letters rogatory shall be accompanied by the following documents to be delivered to the person on whom process, summons or subpoena is being served: An authenticated copy of the complaint with its supporting documents, and of other exhibits or rulings that serve as the basis for the measure requested; Written information identifying the judicial or other adjudicatory authority issuing the letter, indicating the time limits allowed the person affected to act upon the request, and warning of the consequences of failure to do so; Where appropriate, information on the existence and address of the court-appointed defense counsel or of competent legal-aid societies in the state of origin. Article 9 Execution of letters rogatory shall not imply ultimate recognition of the jurisdiction of the judicial or other adjudicatory authority issuing the letter rogatory or a commitment to recognize the validity of the judgment it may render or execute. Article 12 The costs and other expenses involved in the processing and execution of letters rogatory shall be borne by the interested parties. The state of destination may, at its discretion, execute a letter rogatory that does not indicate the person to be held responsible for costs and other expenses when incurred. The identity of the person empowered to represent the applicant for legal purposes may be indicated in the letter rogatory or in the documents relating to its execution.
Do requests for gathering evidence require approval by a court or administrative body? Please indicate the appropriate forum for making such requests.	Yes. The Supreme Court of Justice of Guatemala is in charge of receiving and assigning the court of the first instance that will execute the process for obtaining the evidence. The Judge of the first instance will perform the first analysis of the evidence to be collected and its compliance with local law, in the sense that such is not contrary to its public policy. The Inter-American Convention on Letters Rogatory. Article 10. Letters rogatory shall be executed in accordance with the laws and procedural rules of the state of destination. At the request of the judicial or other adjudicatory authority issuing the letter rogatory, the authority of the state of destination may execute the letter through a special procedure, or accept the observance of additional formalities in performing the act requested, provided this procedure or the observance of those formalities is not contrary to the law of the state of destination. Article 17: The state of destination may refuse to execute a letter rogatory that is manifestly contrary to its public policy ("ordre public").
What types of information can be sought? Requests for Documents? Written questions? Depositions?	Evidence to be collected from people or entities held as parties (persons or entities): Deposition for testimony Exhibition and recognition of documents Documents in the possession of the counterparty, and the presentation of its originals (once a copy is already in the case file) Exhibition of accounting and commercial books Evidence to be collected from third parties Deposition for testimony for witness (persons) Request for information gathered from third parties: public offices and financial institutions Judicial recognition of persons, places and things including accounting or financial books. Presentation of documents in the possession of third parties when the documents are not protected by privilege of confidentiality of ownership rights. Recognition of documents
Who bears the burden of showing whether any privileges apply?	The party from whom the evidence must be gathered.
Does there need to be any showing that the information sought is allowable in the foreign jurisdiction in which the action is pending?	No. However, the request must be compliant with local rules. Guatemala is a civil law system and thus, some judges might request that the evidence be collected to fulfill Guatemalan procedural parameters.
If your jurisdiction allows depositions, may they be conducted remotely (by videoconference, Zoom etc.)	Depositions in family and criminal law may be approved to be held by conference. This methodology is not applicable to other matter subjects of law.
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. Citizens may voluntarily give evidence.
Would your answers differ materially if the foreign proceeding is arbitration, and if so how?	Yes. Even though Guatemala has subscribed to the Inter-American Convention for Commercial Arbitration and the New York Convention on the Recognition of Foreign Arbitral Awards, the Supreme Court of Guatemala requests that the petition for the assistance in the collection of evidence is addressed through the diplomatic channels, instead of following the process according to the Inter-American Convention on Letters Rogatory.

Gathering Evidence in Aid of Foreign Litigation Guide

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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.

No. Guatemala is not a party to the Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters (the “Hague Evidence Convention”). Guatemala is part of the Inter-American Convention on Letters Rogatory. This convention applies to the request among the States' parties of such convention. When the request is presented by a state that is not a party to such, the regular diplomatic channels should apply.

Provisions:

Article 2.

This convention shall apply to letters rogatory, issued in conjunction with proceedings in civil and commercial matters held before the appropriate judicial or other adjudicatory authority of one of the states parties to this convention, that have as their purpose:

The performance of procedural acts of a merely formal nature, such as service of process, summonses or subpoenas abroad;
The taking of evidence and the obtaining of information abroad unless a reservation is made in this respect.

Article 3

This convention shall not apply to letters rogatory relating to procedural acts other than those specified in the preceding article, and in particular, it shall not apply to acts involving measures of compulsion.

III. Transmission of Letters Rogatory

Article 4

Letters rogatory may be transmitted to the authority to which they are addressed by the interested parties, through judicial channels, diplomatic or consular agents, or the central authority of the state of origin or of the state of destination, as the case may be.

Each state party shall inform the General Secretariat of the Organization of the American States of the Central Authority competent to receive and distribute letters.

IV. Requirements for Execution

Article 5

Letters rogatory shall be executed in the states parties provided they meet the following requirements:

The letter rogatory is legalized, except as provided for in Articles 6 and 7 of this convention. The letter rogatory shall be presumed to be duly legalized in the state of origin when legalized by the competent consular or diplomatic agent;
The letter rogatory and the appended documentation are duly translated into the official language of the state of destination.

Article 6

Whenever letters rogatory are transmitted through consular or diplomatic channels or through the central authority, legalization shall not be required.

Article 7

Courts in border areas of the states parties may directly execute the letters rogatory contemplated in this convention and such letters shall not require legalization.

Article 8

Letters rogatory shall be accompanied by the following documents to be delivered to the person on whom process, summons or subpoena is being served:

An authenticated copy of the complaint with its supporting documents, and of other exhibits or rulings that serve as the basis for the measure requested;
Written information identifying the judicial or other adjudicatory authority issuing the letter, indicating the time limits allowed the person affected to act upon the request, and warning of the consequences of failure to do so;
Where appropriate, information on the existence and address of the court-appointed defense counsel or of competent legal-aid societies in the state of origin.

Article 9

Execution of letters rogatory shall not imply ultimate recognition of the jurisdiction of the judicial or other adjudicatory authority issuing the letter rogatory or a commitment to recognize the validity of the judgment it may render or execute.

Article 12

The costs and other expenses involved in the processing and execution of letters rogatory shall be borne by the interested parties.

The state of destination may, at its discretion, execute a letter rogatory that does not indicate the person to be held responsible for costs and other expenses when incurred. The identity of the person empowered to represent the applicant for legal purposes may be indicated in the letter rogatory or in the documents relating to its execution.

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

Yes. The Supreme Court of Justice of Guatemala is in charge of receiving and assigning the court of the first instance that will execute the process for obtaining the evidence. The Judge of the first instance will perform the first analysis of the evidence to be collected and its compliance with local law, in the sense that such is not contrary to its public policy.

The Inter-American Convention on Letters Rogatory. Article 10. Letters rogatory shall be executed in accordance with the laws and procedural rules of the state of destination.

At the request of the judicial or other adjudicatory authority issuing the letter rogatory, the authority of the state of destination may execute the letter through a special procedure, or accept the observance of additional formalities in performing the act requested, provided this procedure or the observance of those formalities is not contrary to the law of the state of destination.

Article 17: The state of destination may refuse to execute a letter rogatory that is manifestly contrary to its public policy ("ordre public").

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

Evidence to be collected from people or entities held as parties (persons or entities):

Deposition for testimony
Exhibition and recognition of documents
Documents in the possession of the counterparty, and the presentation of its originals (once a copy is already in the case file)
Exhibition of accounting and commercial books
Evidence to be collected from third parties
Deposition for testimony for witness (persons)
Request for information gathered from third parties: public offices and financial institutions
Judicial recognition of persons, places and things including accounting or financial books.
Presentation of documents in the possession of third parties when the documents are not protected by privilege of confidentiality of ownership rights.
Recognition of documents

Who bears the burden of showing whether any privileges apply?

The party from whom the evidence must be gathered.

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

No. However, the request must be compliant with local rules. Guatemala is a civil law system and thus, some judges might request that the evidence be collected to fulfill Guatemalan procedural parameters.

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

Depositions in family and criminal law may be approved to be held by conference. This methodology is not applicable to other matter subjects of law.

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. Citizens may voluntarily give evidence.

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

Yes. Even though Guatemala has subscribed to the Inter-American Convention for Commercial Arbitration and the New York Convention on the Recognition of Foreign Arbitral Awards, the Supreme Court of Guatemala requests that the petition for the assistance in the collection of evidence is addressed through the diplomatic channels, instead of following the process according to the Inter-American Convention on Letters Rogatory.

Gathering Evidence in Aid of Foreign Litigation Guide

Guatemala

Gathering Evidence in Aid of Foreign Litigation Guide

Guatemala

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