Примери за използване на Taking of evidence на Английски и техните преводи на Български
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The requesting court must inform persons being heard that direct taking of evidence is voluntary.
Direct taking of evidence must occur on a voluntary basis without use of coercive measures.
There are two possible contexts in which videoconferencing may be used in the cross-border taking of evidence under the regulation.
Direct taking of evidence, where the requesting court hears a witness in another Member State directly via videoconferencing.
In civil and commercial matters,the request concerning taking of evidence via videoconferencing is made using standard forms.
In the direct taking of evidence under Article 17 by the requesting court, the requesting court shall execute the request in accordance with its national law.
This needs to be taken into account in the requests for using videoconferencing in mutual legal assistance or taking of evidence.
Article 17(2) specifies that direct taking of evidence may only take place if it can be performed on a voluntary basis.
The guidance applies to cases where videoconferencing is used for any part of legal proceedings,in particular for taking of evidence from remote locations in other EU Member States.
Requests for direct taking of evidence under Article 17 can only be performed on a voluntary basis without the need for coercive measures.
Under Article 11 the requested court may also ask parties and their representatives to be present at, orbe involved in the taking of evidence, if the possibility is provided for by the law of its Member State.
(e) costs entailed in the taking of evidence in the form of examination of witnesses, opinions by experts or inspection.
Two aspects of this procedure appear to me not to fulfil these conditions, namely,the freedom of action allowed to the accused's lawyer on the one hand and the taking of evidence on the other.
The execution of the request for indirect taking of evidence should not give rise to any claim for any reimbursement of taxes or costs.
Under Articles 10 to 12 the requesting court may request the requested court in another Member State to enable it orthe parties to be present or participate by means of a videoconference in the taking of evidence by the requested court.
The general principle for indirect taking of evidence is that the execution of the request shall not give rise to any claim for any reimbursement of taxes or costs.
Improve electronic sending of forms for requests for cross-border mutual legal assistance by combining dynamic form functions from the European e-Justice Portal with e-CODEX,e.g. forms for‘direct taking of evidence' and‘(indirect) taking of evidence';
(e) costs entailed in the taking of evidence in the form of examination of witnesses, opinions by experts or inspection, up to EUR 300 per proceedings;
Following the request, the central body or competent authority of the requested Member State informs the requesting court if the request is accepted andany conditions that may be required according to the law of its Member State(for example a court of the requested Member State may be assigned to take part in the taking of evidence).
(e) costs entailed in the taking of evidence in the form of examination of witnesses, opinions by experts or inspection, up to EUR 300 per proceedings;
The request may be refused by the central body or competent authority if the request does not fall within the scope of the 2001 Taking of Evidence Regulation, if it does not contain all the necessary information or if direct taking of evidence is contrary to fundamental principles of law in its Member State.
Indirect taking of evidence, where the court in the requested state conducts thehearing of e.g. a witness(under certain conditions with the participation of therequesting court's representatives).
If interpretation will be used for the hearing,in civil matters in case of direct taking of evidence the requesting court contacts the interpreters and makes an agreement with the interpreters(concerning the fee, possible travel arrangements and other costs).
Its use for the taking of evidence from overseas witnesses will, in particular, be likely to achieve a material saving of costs, and such savings may also be achieved by its use for taking domestic evidence. .
In civil matters,the 2001 Taking of Evidence Regulation provides for two possibilities for the use of videoconferencing in cross-border taking of evidence.
In accordance with the 2001 Taking of Evidence Regulation the general principle is that the execution of the request for indirect taking of evidence shall not give rise to any claim for any reimbursement of taxes or costs.
Under Article 17 of the 2001 Taking of Evidence Regulation(requests for direct taking of evidence), the taking of evidence is performed by a judge or perhaps another person designated in accordance with the law of the requesting Member State.
Where the taking of evidence in any of the abovementioned proceedings involves the examination of witnesses, opinions by experts or inspection, an additional amount shall be granted for representation costs of up to ECU 600 per proceedings;
In case of direct taking of evidence, the requesting court itself is responsible for organising the hearing and for notifying the witness of date, the time and place of the hearing as well as of the fact that the giving of evidence is voluntary.
For direct taking of evidence in civil and commercial matters, where the equipment to be used is not supplied by the requesting court, all costs of the transmission, including the costs of hiring equipment and technical personnel to operate it, will be the responsibility of the authority requesting the videoconference.