	Gathering Evidence in Aid of Foreign Litigation Guide
	Saint Kitts and Nevis
	(Latin America/Caribbean) Firm Kelsick, Wilkin & Ferdinand Contributors M. Elizabeth Kelsick Updated 11 Apr 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, additionally, there are no other statutory requirements for obtaining evidence in aid of foreign litigation.
Do requests for gathering evidence require approval by a court or administrative body? Please indicate the appropriate forum for making such requests.	Yes, requests must be approved by the High Court.
What types of information can be sought? Requests for Documents? Written questions? Depositions?	Requests for documents - Yes. Written questions - Yes. Depositions - No.
Who bears the burden of showing whether any privileges apply?	The subject party of the order.
Does there need to be any showing that the information sought is allowable in the foreign jurisdiction in which the action is pending?	Yes.
If your jurisdiction allows depositions, may they be conducted remotely (by videoconference, Zoom etc.)	Yes.
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

Back XLS

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, additionally, there are no other statutory requirements for obtaining evidence in aid of foreign litigation.

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

Yes, requests must be approved by the High Court.

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

Requests for documents - Yes.

Written questions - Yes.

Depositions - No.

Who bears the burden of showing whether any privileges apply?

The subject party of the order.

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

Yes.

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

Yes.

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

Saint Kitts and Nevis

Gathering Evidence in Aid of Foreign Litigation Guide

Saint Kitts and Nevis

Members