Mutual Legal Assistance Act, 2014

14. Details to be Specified or Documents to be Attached when Sending Letter to the Central Authority: (1) When sending a letter to the Central Authority for mutual legal assistance pursuant to Section 7, 8, 9, 10, 11, 12, or 13, the concerned authority or court shall specify the following details:-

(a) The court requesting judicial proceedings, a brief description of the judicial proceedings, and the relevant law,

(b) The subject matter of the requested mutual legal assistance,

(c) If the judicial proceedings are of a criminal nature, the maximum punishment possible in such proceedings; and if of a civil nature, the maximum claim amount,

(d) The location and nature of the documents, evidence, information, objects, or property related to the judicial proceedings,

(e) If a search is to be conducted, the description of the objects and the full address of such place,

(f) Regarding the person who can assist in the judicial proceedings, his/her name, description, nationality, and if available, passport or national identity card number, and any other necessary details for identification, and as far as possible, information regarding the current place of residence,

(g) Confirmation that the requested documents, evidence, information, objects, or person have a substantive connection to the judicial proceedings,

(h) If the original copy of the relevant evidence or documents is required, confirmation thereof and an assurance of return if required to be returned,

(i) The competent authority in the foreign country requested to provide mutual legal assistance,

(j) The timeframe for providing mutual legal assistance,

(k) If sending a letter for searching or confiscating any object, the basis establishing that the person owning such object has committed an offence in Nepal or that property has been increased or augmented from such offence,

(l) If requesting service of summons or judicial documents,-

(1) Full name of the person on whom the summons or judicial document is to be served,
(2) The country where the person pursuant to sub-clause (1) resides, details of passport or national identity card number if available, description and nationality, and any other necessary details for identification, and as far as possible, information regarding the current place of residence,
(3) If the summons or judicial document cannot be served at the address of the person pursuant to sub-clause (2), the country and address of the establishment where the person works or conducts business.

(m) If requesting to take evidence,-

(1) If the court or body requested to take evidence can be identified, the details of such court or body,
(2) Details of the evidence to be taken or other judicial work to be performed,
(3) If a witness is to be examined, the name, surname, nationality of such witness, and details of passport or national identity card that can identify him/her,
(4) If a witness is to be examined by commission, the details of the questions to be asked,
(5) Whether an oath is required or not when examining the witness,
(6) If any document, movable or immovable property needs to be inspected, measured, surveyed, mapped, or examined, the details thereof.

(n) If requesting confiscation or attachment of property,-

(1) Details of whether judicial proceedings related to the property are pending, filed, or not yet decided,
(2) Details of the substantial relationship of the act of confiscating property to the judicial proceedings,
(3) Details of whether an order of confiscation has been made and that there is no possibility of appeal against it,
(4) Details of the remaining amount to be paid according to the confiscation order,
(5) If the person affected by the confiscation order was not present before the court, details that he/she received notice with sufficient time for his/her defense.

(o) Any other necessary details.

(2) When requesting details pursuant to Sub-section (1), the following documents shall be attached:-

(a) If sending for producing a person, locating a person's whereabouts, or identification, a photograph of that person, if possible,

(b) Proof that the person requested to appear has voluntarily expressed willingness to appear,

(c) The order made by the court in this regard,

(d) If a summons or judicial document is to be served, two copies of the official copy of the summons or judicial document to be served,

(e) If sending for enforcement of a judgment-

(1) A certified true copy of the court's judgment,
(2) Proof that there is no possibility of appeal against the judgment.