International Co-Operation in Litigation: EuropeHans Smit The reports collected in this book were prepared at the initiative and under the auspices of the Project on International Procedure of the School of Law of Columbia University within the framework of its co-operation with the Commission on International Rules of Judicial Procedure, a body created by Act of Congress of September 2, 1958, 72 Stat. 1743. The Commission is charged with studying domestic and foreign procedures of international co-operation in litigation with a view to suggesting improvements. Since June 1960, the Project has assisted the Commission in carrying out this statutorily assigned task. Work on the reports here presented was begun in the fall of 1960. The Project invoked the assistance of an active practitioner in each of the foreign countries se1ected and submitted to hirn an extensive questionnaire summarizing American procedures and posing detailed quest ions about foreign practices. The elaborate answers to these questionnaires provided the information on which the American co authors relied in drafting the English versions of the reports. By having proceeded in this fashion, the Project hopes to have prepared reports that reflect the knowledge and experience of the foreign practitioners and at the same time are drafted in terms intelligible to common law lawyers. Furthermore, to ensure that the reports would take due account of official views, in almost all instances, final drafts of the reports were submitted for comments and suggestions to appropriate foreign public officials. |
Contents
INTRODUCTION | 1 |
CoOperation Sought by the United States | 10 |
COOPERATION RENDERED BY AUSTRIA | 23 |
Copyright | |
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Common terms and phrases
abroad addressee Agreement applicable Article attested attorney Austrian authentication Belgian certificate Civil Procedure CLUNET co-operation in litigation Code Civ Code of Civil Codice di procedura competent consul consular copy Cour de Cassation Decree delivery depositions diplomatic channels DROIT INTERNATIONAL effect examination execution Federal Finland Finnish Foreign Affairs foreign authority foreign country foreign court foreign law foreign official France French French consuls German Hague Convention huissier international co-operation issued Italian JURISCLASSEUR DE DROIT letters rogatory ministère public Ministry of Foreign Ministry of Justice Netherlands Norway Norwegian notary oath obtained official documents official records ordinarily party permitted person Proc procedura civile art Procédure Civile proceedings proof-taking provides pursuant R.S.C. Order requests for service served service of documents service of process SMIT & MILLER specifically statute supra note Sweden Swedish Swiss Switzerland tangible evidence text at notes transmitted Treaty tribunal United United States Code witness Zivilprozessordnung ZRHO