Gathering Evidence in Aid of Foreign Litigation Guide |
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Panama |
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(Latin America/Caribbean)
Firm
Arias, Fábrega & Fábrega
Contributors
Claudio De Castro |
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| Does your jurisdiction permit gathering evidence in aid of foreign litigation? | Yes, unless the country requesting the aid is a country that does not provide aid for litigation in Panama. |
| 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. |
| Do requests for gathering evidence require approval by a court or administrative body? Please indicate the appropriate forum for making such requests. | The Fourth Chamber of the Supreme Court of Justice. |
| What types of information can be sought? Requests for Documents? Written questions? Depositions? | Any type of information that would be allowed under Panamanian procedural law (documents, witness statements, expert reports). It is important to obtain assistance from Panamanian counsel when preparing the request for information to make sure that the information is requested under the formalities of Panamanian procedural law. |
| Who bears the burden of showing whether any privileges apply? | The party raising the argument. |
| 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, it is important to obtain assistance from Panamanian counsel when preparing the request for information to make sure that the information is requested under the formalities of Panamanian procedural law. |
| If your jurisdiction allows depositions, may they be conducted remotely (by videoconference, Zoom etc.) | No. |
| 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. |
| Would your answers differ materially if the foreign proceeding is arbitration, and if so how? | No. |
Gathering Evidence in Aid of Foreign Litigation Guide
Panama
(Latin America/Caribbean) Firm Arias, Fábrega & FábregaContributors Claudio De Castro
Updated 22 Mar 2022Yes, unless the country requesting the aid is a country that does not provide aid for litigation in Panama.
No.
The Fourth Chamber of the Supreme Court of Justice.
Any type of information that would be allowed under Panamanian procedural law (documents, witness statements, expert reports). It is important to obtain assistance from Panamanian counsel when preparing the request for information to make sure that the information is requested under the formalities of Panamanian procedural law.
The party raising the argument.
No. However, it is important to obtain assistance from Panamanian counsel when preparing the request for information to make sure that the information is requested under the formalities of Panamanian procedural law.
No.
No.
Yes.
No.