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ARTICLE · 24 OCTOBER 2012

Method Of Obtaining Evidence In Ireland

Dillon Eustace
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Due to the increase in global trade and international commercial transactions it has become increasingly evident that important evidence required for proceedings outside of Ireland will often be located in Ireland.

IrelandInternational Law
Dillon Eustace
Dillon Eustace
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Obtaining Evidence In Ireland For Use In Foreign Proceedings

Due to the increase in global trade and international commercial transactions it has become increasingly evident that important evidence required for proceedings outside of Ireland will often be located in Ireland.

While depositions can be taken and documentary evidence collected from any persons willing to appear voluntarily, the situation is different when dealing with people whom are not willing to provide evidence voluntarily.

The Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters (the "Hague Convention") makes provision for the obtaining of evidence in one State in respect of proceedings in another state, however, Ireland is not a signatory party to the Hague Convention and the Irish Courts do not have jurisdiction to entertain applications pursuant to the Hague Convention.

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