Means of evidence Sample Clauses

Means of evidence. (1) In proceedings before the Court, the means of giving or obtaining evidence shall include in particular the following: (a) hearing the parties; (b) requests for information; (c) production of documents; (d) hearing witnesses; (e) opinions by experts; (f) inspection; (g) comparative tests or experiments; (h) sworn statements in writing (affidavits). (2) The Rules of Procedure shall govern the procedure for taking such evidence. Questioning of witnesses and experts shall be under the control of the Court and be limited to what is necessary.
AutoNDA by SimpleDocs
Means of evidence. (1) In proceedings before the Court, the means of giving or obtaining evidence shall include in particular the following: (a) hearing the parties; (b) requests for information; (c) production of documents; (d) hearing witnesses; (e) opinions by experts; (f) inspection; (g) comparative tests or experiments; (h) sworn statements in writing (affidavits). (2) The Rules of Procedure shall govern the procedure for taking such evidence. Questioning of witnesses and experts shall be under the control of the Court and be limited to what is necessary. Without prejudice to Article 14e(2) and (3), the burden of the proof of facts shall be on the party relying on those facts.
Means of evidence. (1) In proceedings before the Court, the means of giving or obtaining evidence shall include in particular the following: (a) hearing the parties; (b) requests for information; (c) production of documents; (d) hearing witnesses; (e) opinions by experts; (f) inspection; (g) comparative tests or experiments; (h) sworn statements in writing (affidavits). (2) The Rules of Procedure shall govern the procedure for taking such evidence. Questioning of witnesses and experts shall be under the control of the Court and be limited to what is necessary. Article 33a Burden of proof The burden of the proof of facts shall be on the party relying on those facts.
Means of evidence regarding third‐country nationals and stateless persons 1. Proof of the conditions for the readmission of third-country nationals and stateless persons laid down in Articles 4(1) and 6(1) shall be furnished through the means of evidence listed in Annex 3. Such proof may not be furnished through false documents. Any such proof shall be mutually recognised by the Member States and Belarus without any further investigation being required. 2. Prima facie evidence of the conditions for the readmission of third-country nationals and stateless persons laid down in Articles 4(1) and 6(1) shall be furnished through the means of evidence listed in Annex 4. Such prima facie evidence may not be furnished through false documents. Where such prima facie evidence is presented, the Member States and Belarus shall deem the conditions to be established, unless they can prove otherwise. 3. The unlawfulness of entry, presence or residence shall be established by means of the travel documents of the person concerned from which the necessary visa or other residence permit for the territory of the Requesting State is missing. A statement by the Requesting State that the person concerned has been found not to have the necessary travel documents, visa or residence permit shall likewise provide prima facie evidence of the unlawful entry, presence or residence.
Means of evidence regarding nationality 1. Without prejudice to respective relevant national legisla- tions, proof of nationality pursuant to Article 2(1) and Article 4(1) can be furnished through the documents listed in Annex 1 to this Agreement. If such documents are presented, the Member States and the former Yugoslav Republic of Macedonia shall mutually recognise the nationality without further investigation being required. Proof of nationality cannot be furnished through false documents. 2. Prima facie evidence of nationality pursuant to Article 2(1) and Article 4(1) can be particularly furnished through the docu- ments listed in Annex 2 to this Agreement, even if their period of validity has expired. If such documents are presented, the Mem- ber States and the former Yugoslav Republic of Macedonia shall accept a presumption of nationality to have been established unless they can prove otherwise. Prima facie evidence of national- ity cannot be furnished through false documents. 3. If none of the documents listed in Annexes 1 or 2 can be presented, the competent diplomatic and consular representations of the Requested State concerned shall, upon request, make arrangements to interview the person to be readmitted without delay, at the latest within three working days from the requesting day, in order to establish his or her nationality.
Means of evidence regarding third-country nationals and stateless persons 1. Proof of the conditions for the readmission of third-country nationals and stateless persons laid down in Article 3(1) and Article 5 (1) shall be particularly furnished through the means of evidence listed in Annex 3 to this Agreement; it cannot be fur- nished through false documents. Any such proof shall be mutu- ally recognised by the Member States and the former Yugoslav Republic of Macedonia without any further investigation being required. 2. Prima facie evidence of the conditions for the readmission of third-country nationals and stateless persons laid down in Article 3(1) and Article 5 (1) shall be particularly furnished through the means of evidence listed in Annex 4 to this Agree- ment; it cannot be furnished through false documents. Where such prima facie evidence is presented, the Member States and the former Yugoslav Republic of Macedonia shall accept a presump- tion of the conditions to have been established, unless they can prove otherwise. 3. The unlawfulness of entry, presence or residence shall be established by means of the travel documents of the person con- cerned in which the necessary visa or other residence permit for the territory of the Requesting State are missing. A statement by the Requesting State that the person concerned has been found not having the necessary travel documents, visa or residence per- mit shall likewise provide prima facie evidence of the unlawful entry, presence or residence. 4. Prima facie evidence of the conditions for the readmission of former nationals of the Socialist Federal Republic of Yugoslavia laid down in Article 3(3) shall be particularly furnished through the means of evidence listed in Annex 5 to this Agreement; it can- not be furnished through false documents. Where such prima facie evidence is presented, the former Yugoslav Republic of Macedonia shall deem the conditions to be established, unless they can prove otherwise. 5. If none of the documents listed in Annex 5 can be pre- sented, the competent diplomatic and consular representations of the former Yugoslav Republic of Macedonia shall, upon request, make arrangements to interview the person to be readmitted without undue delay or at the latest within three working days from the requesting day, in order to establish his or her nationality.
Means of evidence regarding nationality 1. Nationality pursuant to Article 2(1) and Article 4 (1) can be proved by means of the documents listed in Annex 1 to this Agreement, even if their period of validity has expired. If such documents are presented, the Member States and Moldova shall mutually recognise the nationality without further investigation being required. Proof of nationality cannot be furnished through false documents. 2. Prima facie evidence of nationality pursuant to Article 2(1) and Article 4(1) can be particularly furnished through the docu- ments listed in Annex 2 to this Agreement, even if their period of validity has expired. If such documents are presented, the Mem- ber States and Moldova shall deem the nationality to be estab- lished, unless they can prove otherwise. Prima facie evidence of nationality cannot be furnished through false documents. 3. If none of the documents listed in Annexes 1 or 2 can be presented, the competent Diplomatic Mission or Consular Office of the Requested State concerned shall, upon request, make arrangements with the competent authority of the Requesting State to interview the person to be readmitted without undue delay, at the latest within three working days from the requesting day, in order to establish his or her nationality.
AutoNDA by SimpleDocs
Means of evidence regarding third-country nationals and stateless persons 1. Proof of the grounds for the readmission of third-country nationals and stateless persons laid down in Article 3(1) and Article 5 (1) shall be particularly furnished through the means of evidence listed in Annex 3 to this Agreement; it cannot be fur- nished through false documents. Any such proof shall be mutu- ally recognised by the Member States and Moldova without any further investigation being required. 2. Prima facie evidence of the grounds for the readmission of third-country nationals and stateless persons laid down in Article 3(1) and Article 5 (1) shall be particularly furnished through the means of evidence listed in Annex 4 to this Agree- ment; it cannot be furnished through false documents. Where such prima facie evidence is presented, the Member States and Moldova shall deem the grounds to be established, unless they can prove otherwise. 3. The unlawfulness of entry, presence or residence shall be established by means of the travel documents of the person con- cerned in which the necessary visa or other residence permit for the territory of the Requesting State are missing. A statement by the Requesting State that the person concerned has been found not having the necessary travel documents, visa or residence per- mit shall likewise provide prima facie evidence of the unlawful entry, presence or residence.
Means of evidence. In proceedings before the Court, the means of giving or obtaining evidence shall include in particular the following:
Means of evidence regarding third-country nationals and stateless persons 1. Proof of the conditions for the readmission of third-country nationals and stateless persons laid down in article 3(1) and article 5 (1) shall be particularly furnished through the means of evidence listed in annex 3 to this agreement; it cannot be fur- nished through false documents. any such proof shall be mutu- ally recognised by the Member States and Bosnia and Herzegovina without any further investigation being required. 2. Prima facie evidence of the conditions for the readmission of third-country nationals and stateless persons laid down in 3(1) and article 5(1) shall be particularly furnished
Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!