How to Request a Foreign Court to Conduct Investigation and Collect Evidence

 
Where a party to a case is a foreigner and it is necessary to conduct investigation and collect evidence in a foreign country that has established diplomatic relations or entered into a bilateral agreement on judicial assistance with the People’s Republic of China, the Chinese party may request a foreign court to do so through investigations in accordance with the procedures and requirements in the Notice on Issues Concerning Service of Process in International Cases through Diplomatic Channels (Wai Fa [1986] No. 47) dated August 14, 1986 issued by the Supreme People's Court, the Ministry of Foreign Affairs, and the Ministry of Justice.
 
1. Diplomatic Channel
A Chinese court may request a foreign court to conduct investigation and collect evidence through diplomatic channels in accordance with the principle of reciprocity and the following procedures and requirements if the PRC and that foreign country has established diplomatic relations or entered into a bilateral agreement on judicial assistance.
 
1. Diplomatic Channels
Procedures:
A request for investigation and evidence collection from a PRC court
→ the high people's court
→ the Department of Consular Affairs
→ the embassy of that foreign country
 
2. Direct Request
A Chinese court may request the embassy or a consulate of the PRC in a foreign country to conduct investigation and collect evidence with the permission of that foreign country.