Switzerland simplifies taking of evidence by conference call or videoconference

This post was written by Lorène Anthonioz, who is PhD candidate in Private International Law at the University of Geneva and a Research and Teaching Assistant in Private International Law at UniDistance.

With effect from 1 January 2026, Switzerland amended its declaration under the 1970 Hague Convention on the Taking of Evidence Abroad in Civil and Commercial Matters in order to simplify the taking of evidence by conference call or videoconference.

Since 1995, Switzerland has required prior authorisation from the Federal Department of Justice and Police (now the Federal Office of Justice, FOJ) for the taking of evidence in accordance with Articles 15, 16 and 17 of the 1970 Hague Convention. This rule generally still applies today to the regular taking of evidence by diplomatic officers, consular agents, and commissioners.

However, Switzerland now accepts that persons staying in Switzerland may be questioned or examined by a commissioner located abroad, or take part in a hearing abroad, by means of a conference call, videoconference, or any other electronic means of audio or video transmission, without prior authorisation, provided certain conditions are met.

These conditions are set out in Switzerland’s declaration (see here). Notably:

• The FOJ and the central authority of the canton in which the person concerned is staying at the time of the conference call or videoconference must receive reasonable advance notice of the date of the conference. Notice is deemed reasonable if the FOJ receives the information at least 14 days in advance.
• The advance notice must be accompanied by certain information and documents, including a declaration by the person concerned acknowledging their voluntary participation. This consent may be withdrawn at any time.
• The person concerned has the right to be questioned and to communicate in their mother tongue, and may request a translation of any key statements made by the other participants.
• The technology employed must guarantee an adequate level of security of personal data against any unwarranted processing, and all participants must receive the audio and video signals simultaneously.

Article 11(3) of the Swiss Federal Act on Private International Law (PILA) has been amended accordingly and does not limit the right to participate in a hearing abroad by conference call or videoconference to proceedings before foreign States that are Parties to the 1970 Hague Convention. Therefore, interrogations or hearings conducted via these electronic means may also take place in civil proceedings in States that are not Parties to the Convention. In such cases, Chapter II of the Convention applies by analogy. This is noteworthy, given that legal assistance in many countries still relies on a condition of reciprocity.

These amendments are a welcome development for the use of videoconferencing in international civil proceedings. It reduces the need for lengthy and costly travel. It is also a logical consequence of the pandemic era, during which requests to take evidence via videoconference increased considerably, and whose exceptional circumstances justified the authorisation of such hearings (see example).

Further information can be found in the FOJ Guidelines (III.D) and in Professor Bucher’s update to the PILA Commentary (Bucher/Guillaume) (Chapter 1).