Certain Issues of Discovery and Production of Evidence from Foreign Jurisdictions

In the article, the author examines some problems of the implementation of the procedural right to claim evidence outside the Russian jurisdiction. The author discusses the criteria by which the court, using its powers, can come to a reasonable conclusion about the need to claim evidence outside Russia. The author discusses the models of suing, which are the most common in world practices — notice pleading and fact pleading. Such a construction from the common law system as the Norwich Pharmacal Order (NPO) is given as an example for analysis. The author also discusses ways to obtain evidence from foreign jurisdictions — the use of legal assistance mechanisms provided for by international agreements or the demand for evidence from a foreign participant directly, that is, without an official request to the court of the state where the relevant evidence or information is located. The aspects of using these approaches and the problems arising from these approaches are studied. For example, the problem of verifying the evidence obtained, the problem of abuse, etc.

Authors

Publication Details

Journal
Arbitrazh-civil procedure
Published
2024-08-08
DOI
https://doi.org/10.18572/1812-383x-2024-8-19-22
Primary Topic
Criminal Law and Evidence
Type
article
Field-Weighted Citation Impact
0.00
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article

Certain Issues of Discovery and Production of Evidence from Foreign Jurisdictions

Igor N. Tarasov
Arbitrazh-civil procedure
Criminal Law and Evidence
article

Certain Issues of Discovery and Production of Evidence from Foreign Jurisdictions

Igor N. Tarasov
article en

Abstract

In the article, the author examines some problems of the implementation of the procedural right to claim evidence outside the Russian jurisdiction. The author discusses the criteria by which the court, using its powers, can come to a reasonable conclusion about the need to claim evidence outside Russia. The author discusses the models of suing, which are the most common in world practices — notice pleading and fact pleading. Such a construction from the common law system as the Norwich Pharmacal Order (NPO) is given as an example for analysis. The author also discusses ways to obtain evidence from foreign jurisdictions — the use of legal assistance mechanisms provided for by international agreements or the demand for evidence from a foreign participant directly, that is, without an official request to the court of the state where the relevant evidence or information is located. The aspects of using these approaches and the problems arising from these approaches are studied. For example, the problem of verifying the evidence obtained, the problem of abuse, etc.

Arbitrazh-civil procedure
Peace, Justice and strong institutions
Openalex Percentile: Top 77%
Criminal Law and Evidence
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