Obtaining Evidence In Jersey Or Guernsey For Use In Foreign Proceedings

We are seeing inquiries about the legal processes for obtaining evidence in Jersey or Guernsey for use in foreign proceedings - the processes in both Islands are similar, but there are some key differences with the English rules that practitioners should be aware of.

Applications to the Royal Courts of Jersey and Guernsey to collect and produce evidence are often made on short notice, and it is therefore imperative that the requirements in terms of drafting and procedure are met. The process typically takes a few weeks, and the requirements are set out in this note.

A "Commission Rogatoire" (or as they are more commonly known in English, a Letter of Request) is a request for judicial assistance from a foreign entity to the Bailiff of Jersey or Guernsey (the "Bailiff"). Foreign courts are able to address such a Letter of Request to the Royal Court of either Island (the "Royal Courts") to seek assistance in the collection and production of evidence for use in