Gathering Evidence in Aid of Foreign Litigation Guide |
|
Uruguay |
|
| (Latin America/Caribbean) Firm Guyer & Regules Updated 25 Mar 2022 | |
| Does your jurisdiction permit gathering evidence in aid of foreign litigation? | Yes, through mechanisms of international legal cooperation adopted in international treaties and domestic procedural rules. |
| 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. Uruguay 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”) The requirement for obtaining evidence depends on the case. If there is no treaty with the country requesting legal cooperation, internal procedural rules would apply (General Procedural Code “Código General del Proceso”, hereinafter “CGP”). If it involves Argentina, Brazil, Paraguay y Uruguay, the MERCOSUR scheme and the Protocols on International Cooperation apply. Relevant statues include the following:
|
| Do requests for gathering evidence require approval by a court or administrative body? Please indicate the appropriate forum for making such requests. | The request for gathering evidence must be ordered by the court of origin and addressed to the Supreme Court of Justice ("SCJ"). The SCJ will afterward distribute it to the competent court. The court will comply with the request if it is not against the regulations of Uruguay. |
| What types of information can be sought? Requests for Documents? Written questions? Depositions? | The type of information that could be requested is broad. The request for documents from public offices and private parties is available. Depositions could also be requested and also expert witnesses depositions. |
| Who bears the burden of showing whether any privileges apply? | This will be analyzed by the judge in each particular case. Some rules about when a witness may refuse to testify (Art. 156 CGP) and when a party could deny presenting a particular proof as a document may apply (Art. 142 and 167 and 168 CGP). |
| Does there need to be any showing that the information sought is allowable in the foreign jurisdiction in which the action is pending? | No. This is not a requirement that must be analyzed by the Uruguayan judge. The Uruguayan judge will comply with the request from the foreign court if it is not against the regulations of Uruguay. |
| If your jurisdiction allows depositions, may they be conducted remotely (by videoconference, Zoom etc.) | Yes. Art. 64 – bis of the CGP allows this possibility. |
| 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. If the witness does not cooperate, the arbitral tribunal must request assistance from the court of the seat to make the request to the SCJ in Uruguay. |
Gathering Evidence in Aid of Foreign Litigation Guide
Yes, through mechanisms of international legal cooperation adopted in international treaties and domestic procedural rules.
No. Uruguay 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”)
The requirement for obtaining evidence depends on the case. If there is no treaty with the country requesting legal cooperation, internal procedural rules would apply (General Procedural Code “Código General del Proceso”, hereinafter “CGP”).
If it involves Argentina, Brazil, Paraguay y Uruguay, the MERCOSUR scheme and the Protocols on International Cooperation apply.
Relevant statues include the following:
- The Protocol on Cooperation and Jurisdictional Assistance in Civil, Commercial l, Labour and Administrative Matters (Las Leñas Protocol - Ratified by Uruguayan Law 16.971 -15/06/1998).
- The Protocol for Mutual Legal Assistance in Criminal Matters (Protocol of San Luis - Ratified by Uruguayan Law 17.145 - 09/08/1999).
- The Inter-American Convention on the Taking of Evidence Abroad and its Additional Protocol. (Ratified by Uruguayan Law Nº 17.512 - 27/06/2002)
The request for gathering evidence must be ordered by the court of origin and addressed to the Supreme Court of Justice ("SCJ"). The SCJ will afterward distribute it to the competent court. The court will comply with the request if it is not against the regulations of Uruguay.
The type of information that could be requested is broad. The request for documents from public offices and private parties is available. Depositions could also be requested and also expert witnesses depositions.
This will be analyzed by the judge in each particular case. Some rules about when a witness may refuse to testify (Art. 156 CGP) and when a party could deny presenting a particular proof as a document may apply (Art. 142 and 167 and 168 CGP).
No. This is not a requirement that must be analyzed by the Uruguayan judge. The Uruguayan judge will comply with the request from the foreign court if it is not against the regulations of Uruguay.
Yes. Art. 64 – bis of the CGP allows this possibility.
No.
Yes.
No. If the witness does not cooperate, the arbitral tribunal must request assistance from the court of the seat to make the request to the SCJ in Uruguay.