Order to produce evidence. (1) Where a party has presented reasonably available evidence sufficient to support its claims and has, in substantiating those claims, specified evidence which lies in the control of the opposing party or a third party, the Court may order that party to produce such evidence. Such order shall not result in an obligation of self-incrimination. (2) On application by a party the Court may order, under the same conditions as specified in paragraph 1, the communication of banking, financial or commercial documents under the control of the opposing party.
Appears in 6 contracts
Samples: Unified Patent Court Agreement, Draft Agreement on the European and Community Patents Court, Draft Agreement on the European and Community Patents Court
Order to produce evidence. (1) Where a party has presented reasonably available evidence sufficient to support its claims and has, in substantiating those claims, specified evidence which lies in the control of the opposing party or a third party, the Court may order that party to produce such evidence. Such order shall not result in an obligation of self-incrimination.
(2) On application by a party the Court may order, under the same conditions as specified in paragraph 1, the communication of banking, financial or commercial documents under the control of the opposing party, subject to article 40.
Appears in 3 contracts
Samples: Draft Agreement on a Unified Patent Court, Draft Agreement on a Unified Patent Court, Draft Agreement on a Unified Patent Court
Order to produce evidence. (1) Where a party has presented reasonably available evidence sufficient to support its claims and has, in substantiating those claims, specified evidence which lies in the control of the opposing party or a third party, the Court may order that party to produce such evidence. Such order shall not result in an obligation The Court may consider that a reasonable sample of self-incriminationa substantial number of copies of a protected object constitutes reasonable evidence.
(2) On application by a party the Court may order, under the same conditions as specified in paragraph 1, the communication of banking, financial or commercial documents under the control of the opposing party.
Appears in 1 contract
Samples: Draft Agreement on the European Union Patent Judiciary
Order to produce evidence. (1) Where At the request of a party which has presented reasonably available evidence sufficient to support its claims and has, in substantiating those claims, specified evidence which lies in the control of the opposing party or a third party, the Court may order that the opposing party or a third party to produce present such evidence, subject to the protection of confidential information. Such order shall not result in an obligation of self-incrimination.
(2) On application by a party the Court may order, under the same conditions as specified in paragraph 1, the communication of banking, financial or commercial documents under the control of the opposing party.
Appears in 1 contract
Samples: Agreement on a Unified Patent Court
