Mutual Assistance in Civil and Commercial Matters Act, No. 39 of 2000
Taking evidence or performing any other judicial act in Sri Lanka  

• Central Authority

• Requirements for a request from abroad

• Steps taken by Central Authority upon receipt of a request from abroad

• Steps to be taken by the District Judge

• Where the evidence is taken or judicial act performed

Central Authority

The Secretary to the Ministry of Justice is designated as the Central Authority for the purpose of the Act. The contact details of the Central Authority are as follows –

Address       -    Ministry of Justice, Law Reform and National Integration
                       PO Box 555
                       Superior Courts Complex
                       Hulftsdorp
                       Colombo 12
                       Sri Lanka

Telephone     -   0094 1 323979  
Fax              -   0094 1 445447  
E-mail          -   secmoj@sri.lanka.net    <top>

Requirements for a request from abroad (sections 10, 12, 16)
The request should:  

(1)     originate from a "specified country” (defined as a country which is either a party to the Hague Convention, or which has entered into an agreement with Sri Lanka extending the provisions of the relevant Part of the Act to that country)  

(2)     be from an "appropriate authority" of that country           

(3)     be in one of the official languages of Sri Lanka or in English  

(4)     relate to a proceeding relating to a civil or commercial matter arising in that country  

(5)     as far as circumstances permit, specify –  

(a)     the appropriate authority making the request

(b)     the names and addresses of the parties to the proceedings and their representatives, if any

(c)     the nature of the proceeding for which the evidence is required, giving all necessary information in regard thereto

(d)     the evidence to be taken or other judicial act to be performed

 
(6)   where appropriate, specify  

(a)    the names and addresses of the persons to be examined

(b)    the questions to be put to them, or a statement of the subject matter about which they are to be examined

(c)    the documents or other property, real or personal, to be inspected

  (d)    whether the evidence is to be given on oath or affirmation, and any special 
          form to be used

(e)    any special mode or procedure to be followed

 
(7)    where accompanied by any document not in English, contain an English translation certified 
        by a diplomatic officer, consular agent, sworn translator or other person duly authorized in  
       Sri Lanka or the requesting country  

(8)    not relate to the issue of a writ or other process for the enforcement or execution of an 
        order or judgment or an order for provisional or protective measures  <top>

Steps taken by Central Authority upon receipt of a request from abroad

<top>

Steps to be taken by the District Judge (sections 10(3), 10(4), 10(5))               

<top>

Where the evidence is taken or judicial act performed (sections 10(8), 10(9))