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Act Governing the Provision of Judicial Assistance at the Request of Foreign Courts

by Paul Cox

Clients often ask whether foreign judgments can be enforced in Taiwan and how to serve foreign legal papers. The statutory basis for both processes is the Act Governing the Provision of Judicial Assistance at the Request of Foreign Courts, which is translated into English here by Paul Cox of the WP Translation Department. Text in square brackets β€œ[]” is added by the translator for clarification or readability. The Chinese original is here.
An earlier translation appears in the out of print A Compilation of the Laws of the Republic of China (Taipei, 1961) vol. 1.
Act Governing the Provision of Judicial Assistance at the Request of Foreign Courts
(Promulgated 25 April 1963)

Article 1
Unless otherwise specifically provided by a treaty or a law, a court rendering assistance upon the request of a foreign court in a civil or criminal matter shall do so in accordance with this Act.

Article 2
Assistance rendered by a court upon request in a civil or criminal matter shall not violate any law or regulation of the Republic of China.

Article 3
The matter requested shall be transmitted in writing through a diplomatic agency.

Article 4
The home country of the requesting court shall declare that an ROC court encountering a same or similar matter and needing to request assistance ought to be rendered equivalent assistance.

Article 5
An assisting court serving process relating to civil or criminal litigation shall do so in compliance with the provisions of the ROC Code of Civil or Criminal Procedure concerning service.
[A foreign court] requesting service shall specify in the letter of request [i.e. letter rogatory] the name, nationality, and domicile, residence, or office or place of business of the person to be served.

Article 6
An assisting court investigating evidence relating to civil or criminal litigation shall do so in accordance with the purpose of the request and with the provisions of the ROC Code of Civil or Criminal Procedure concerning investigation of evidence.
[A foreign court] requesting investigation of evidence shall specify in the letter of request the names of the parties to the litigation, the types of evidentiary method, the names, nationalities, domiciles, residences, or offices or places of business of the persons subject to investigation, and the matters to be investigated. If it is a criminal case, a summary of the case shall be attached.

Article 7
If the letter of request and other relevant documents in a requested matter are in a foreign language, Chinese translations shall be attached, with annotations stating that they are true and accurate translations of the originals.

Article 8
Fees relating to service or investigation in a civil matter shall be as set forth in ROC laws and regulations applicable to assessment of fees. In a criminal case, fees shall be calculated on the basis of the actual expenditures of the assisting court, and reimbursed by the home country of the court that requested the assistance.

Article 9
This Act shall come into force from the date of its promulgation.
For questions about this translation, please contact Paul Cox at +886-(0)2-2311-2345 ext. 545.

 

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