	Gathering Evidence in Aid of Foreign Litigation Guide
	Honduras
	(Latin America/Caribbean) Firm Gufa Law Updated 11 Apr 2022
Does your jurisdiction permit gathering evidence in aid of foreign litigation?	Yes, Honduran jurisdiction allows gathering evidence in aid of foreign litigation in accordance with international treaties. In the absence of international treaties, the rules stipulated in Article 165 of the Civil Procedure Code are applied in civil proceedings.
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.	Recently, Honduras joined the Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters (the “Hague Evidence Convention”). Judicial assistance is governed generally by the Vienna Convention on Consular Relations and by the Private International Law Convention, compulsion of evidence can be obtained pursuant to a letter rogatory. Therefore, any judicial proceedings that a contracting state needs to carry out in another contracting state shall be carried out by means of letters rogatory through a diplomatic process. The contracting states may likewise agree or accept among themselves in civil or criminal matters any other form of transmission. Honduras is a party to OAS multilateral agreements aimed at international cooperation in this regard. In addition to what is stipulated in Article 165 of the Civil Procedure Code, there are legal instruments related to the subject, such as the Convention on Private International Law, the Inter-American Convention on Letters Rogatory, and the Inter-American Convention on the Reception of Evidence Abroad.
Do requests for gathering evidence require approval by a court or administrative body? Please indicate the appropriate forum for making such requests.	The requests for gathering evidence that is processed through letters rogatory may be transmitted and approved by judicial channels, diplomatic or consular agents, or the central authority of the state of origin or of the state of destination. The requirements may be the following: Name of the judicial authority in charge of the investigation, with the indication of the office number, the Unit to which it is assigned. The judicial authority to which the request is addressed. The complete description of the tests and information requested. The relationship arises from the facts under investigation, with an indication of the - processed (name, nationality, identity card, date of birth). The importance of the tests that are required. The request to certify that the tests were validly performed, in accordance with the procedural law of the requested state. The subscription of the application by the judicial officer of knowledge. Certification of signature and exercise of office is understood as the constancy that the person who signed the request for judicial assistance is in the exercise of their jurisdiction, and it may be variable according to the requirements of domestic law.
What types of information can be sought? Requests for Documents? Written questions? Depositions?	The procedural acts (pleadings, motions, orders, and summonses) that are notified and the requests for information that are made by a judicial authority or other adjudicating authority of a state party to a judicial or administrative authority of another state party and are transmitted by a letter rogatory from the central authority of the state of origin to the central authority of the state of destination.
Who bears the burden of showing whether any privileges apply?	The attorney bears the burden to show any privilege. If the requirements are exempted, this must be covered by an international instrument.
Does there need to be any showing that the information sought is allowable in the foreign jurisdiction in which the action is pending?	When the required information is covered by an international treaty, it must adhere to what is established therein. If it is not requested within the framework of a treaty, it must be framed in the national legislation.
If your jurisdiction allows depositions, may they be conducted remotely (by videoconference, Zoom etc.)	The Republic of Honduras recently approved the Law on Electronic Management of Judicial Processes, which in its Article 48 contemplates the execution of these actions.
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?	Article 227 of the Code of Criminal Procedure details the persons exempt from attending summons, as well as diplomatic personnel, and international organizations. In civil matters, this only applies to diplomats and members of international organizations.
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 give voluntary evidence, if there is a request for international cooperation and except for persons in a situation of vulnerability in criminal proceedings. Vulnerable persons are those who, due to their age, physical or mental condition, are especially exposed to revictimization and in a condition of difficulty to participate in the acts and proceedings involved in the criminal process.
Would your answers differ materially if the foreign proceeding is arbitration, and if so how?	It depends on the arbitration regulations of the center to which the controversy is submitted.

Gathering Evidence in Aid of Foreign Litigation Guide

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

Yes, Honduran jurisdiction allows gathering evidence in aid of foreign litigation in accordance with international treaties. In the absence of international treaties, the rules stipulated in Article 165 of the Civil Procedure Code are applied in civil proceedings.

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.

Recently, Honduras joined the Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters (the “Hague Evidence Convention”). Judicial assistance is governed generally by the Vienna Convention on Consular Relations and by the Private International Law Convention, compulsion of evidence can be obtained pursuant to a letter rogatory. Therefore, any judicial proceedings that a contracting state needs to carry out in another contracting state shall be carried out by means of letters rogatory through a diplomatic process. The contracting states may likewise agree or accept among themselves in civil or criminal matters any other form of transmission.

Honduras is a party to OAS multilateral agreements aimed at international cooperation in this regard. In addition to what is stipulated in Article 165 of the Civil Procedure Code, there are legal instruments related to the subject, such as the Convention on Private International Law, the Inter-American Convention on Letters Rogatory, and the Inter-American Convention on the Reception of Evidence Abroad.

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

The requests for gathering evidence that is processed through letters rogatory may be transmitted and approved by judicial channels, diplomatic or consular agents, or the central authority of the state of origin or of the state of destination.

The requirements may be the following:

Name of the judicial authority in charge of the investigation, with the indication of the office number, the Unit to which it is assigned.
The judicial authority to which the request is addressed.
The complete description of the tests and information requested.
The relationship arises from the facts under investigation, with an indication of the - processed (name, nationality, identity card, date of birth).
The importance of the tests that are required.
The request to certify that the tests were validly performed, in accordance with the procedural law of the requested state.
The subscription of the application by the judicial officer of knowledge.
Certification of signature and exercise of office is understood as the constancy that the person who signed the request for judicial assistance is in the exercise of their jurisdiction, and it may be variable according to the requirements of domestic law.

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

The procedural acts (pleadings, motions, orders, and summonses) that are notified and the requests for information that are made by a judicial authority or other adjudicating authority of a state party to a judicial or administrative authority of another state party and are transmitted by a letter rogatory from the central authority of the state of origin to the central authority of the state of destination.

Who bears the burden of showing whether any privileges apply?

The attorney bears the burden to show any privilege. If the requirements are exempted, this must be covered by an international instrument.

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

When the required information is covered by an international treaty, it must adhere to what is established therein. If it is not requested within the framework of a treaty, it must be framed in the national legislation.

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

The Republic of Honduras recently approved the Law on Electronic Management of Judicial Processes, which in its Article 48 contemplates the execution of these actions.

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?

Article 227 of the Code of Criminal Procedure details the persons exempt from attending summons, as well as diplomatic personnel, and international organizations. In civil matters, this only applies to diplomats and members of international organizations.

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 give voluntary evidence, if there is a request for international cooperation and except for persons in a situation of vulnerability in criminal proceedings. Vulnerable persons are those who, due to their age, physical or mental condition, are especially exposed to revictimization and in a condition of difficulty to participate in the acts and proceedings involved in the criminal process.

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

It depends on the arbitration regulations of the center to which the controversy is submitted.

Gathering Evidence in Aid of Foreign Litigation Guide

Honduras

Gathering Evidence in Aid of Foreign Litigation Guide

Honduras

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