Yes, evidence can be taken by videoconference either with the participation of a court in the requesting Member State or directly by a court of that Member State.
Under Section 5 of the Act (2003:493) on the EC Regulation on the taking of evidence in civil or commercial matters (‘the Taking of Evidence Regulation’), evidence is to be taken by district courts (tingsrätter). The court will apply the rules on the taking of evidence outside the main hearing that are laid down in Chapter 35 Sections 8-11 of the Code of Judicial Procedure (rättegångsbalken), except where otherwise provided in the Regulation.
It should be noted that in cases in which the Taking of Evidence Regulation is not applicable, provisions exist in other acts, for example the Act (1946:816) on the taking of evidence for a foreign court.
Any party who is to be examined in a case can be examined by videoconference.
No particular restrictions have been imposed.
The taking of evidence is carried out by district courts. Otherwise, no particular restrictions have been imposed.
Yes, it is permitted and the facilities are available.
(a) The hearing must be conducted in Swedish but the court may employ an interpreter.
(b) That depends on the rules of the requesting state.
If an examination takes place in Sweden it is the Swedish court that decides on interpreters.
The requested court issues a summons to the person who is to be examined. The summons specifies the time and place. There are no regulatory requirements as to the amount of time that must be allowed when deciding on the date of the hearing.
If the Swedish court requests it, the requesting court must meet the cost of experts and interpreters, costs arising as a result of the request for enforcement in accordance with a special procedure, and the cost of communications technology such as videoconferencing and teleconferencing (cf. Article 18(2) and Article 10(3) and (4) of the Taking of Evidence Regulation).
It is for the requesting court to inform the person concerned that the taking of evidence in accordance with Article 17 of the Taking of Evidence Regulation is on a voluntary basis.
There is no specifically regulated procedure for verifying identity in this connection.
As a general rule the national rules on oaths apply, and no specific conditions or information requirements have been laid down for the application of Article 17.
Staff who are able to operate the videoconferencing facilities are available at all courts.
No additional information is normally required.
The national language version of this page is maintained by the respective EJN contact point. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. Neither the EJN nor the European Commission accept responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.