Taking of Evidence. 1. The Requested Party shall, to the extent its laws permit and upon request, take testimony, or otherwise obtain statements of persons or require them to produce items of evidence for transmission to the Requesting Party.
2. The Requested Party, to the extent permitted by its law, shall permit the presence of such persons as specified in the request during the execution of the request, and may allow such persons to question the person whose testimony or evidence is being taken. In the event that such direct questioning is not permitted, such persons shall be allowed to submit questions to be posed to the persons whose testimony or evidence is being taken.
3. A person from whom evidence is to be taken in the Requested Party pursuant to a request under this Article may decline to give evidence where:
(a) the law of the Requested Party would permit or require that person to decline to give evidence in similar circumstances in criminal proceedings originating in the Requested Party; or
(b) the law of the Requesting Party would permit or require that person to decline to give evidence in such criminal proceedings in the Requesting Party.
4. If any person in the Requested Party claims that there is a right or obligation to decline to give evidence under the law of the Requesting Party, the Central Authority of the Requesting Party shall, upon request, provide a certificate to the Central Authority of the Requested Party as to the existence or otherwise of that right. In the absence of evidence to the contrary, the certificate shall be sufficient evidence of the matters stated in it.
5. For the purposes of this Article, the taking of evidence includes the production of documents or other articles.
Taking of Evidence. Israel and the Palestinian Authority will make arrangements for taking evidence from witnesses, when necessary, within the areas under their territorial responsibility, when such evidence is sought in connection with proceedings conducted by the judicial organs under the responsibility of the other side.
Taking of Evidence. Israel and the Council will make arrangements for taking evidence from witnesses when necessary, when such evidence is sought in connection with proceedings conducted by the judicial organs under the responsibility of the other side.
Taking of Evidence. 1. The Requested State shall take the evidence of witnesses for transmission to the Requesting State if a request is made for the purpose of a proceeding in relation to a criminal matter in the Requesting State.
2. The giving or taking of evidence shall include the production of documents, records or other material.
3. The request for assistance under this Article shall indicate the nature of the questions to be put to the witnesses or the subject matter about which they are to be examined.
4. The parties to the relevant proceedings in the Requesting State, their legal representatives or representatives of the Requesting State may, subject to the laws of the Requested State, appear and question the person giving evidence in accordance with this Article.
5. A person who is required to give evidence in the Requested State under this Article may decline to give evidence where either:
(a) the law of the Requested State permits that witness to decline to give evidence in similar circumstances in proceedings originating in the Requested State; or
(b) where the law of the Requesting State permits that witness to decline to give evidence in such proceedings in the Requesting State.
6. If any person claims that there is a right to decline to give evidence under the law of the Requesting State, the Requested State shall, with respect thereto, rely on a certificate of the Central Office of the Requesting State as prima facie proof of the existence of that right.
Taking of Evidence. 1. Where a request is made for the purpose of a proceeding in relation to a criminal matter in the Requesting Party, the Requested Party shall, upon request, take evidence from persons and transmit it to the Requesting Party.
2. For the purposes of this Treaty, the giving or taking of evidence shall include the taking of oral testimony and the production of documents, records or other material.
3. Insofar as it is not contrary to the laws of the Requested Party, the Requested Party shall permit the presence of such persons as specified in the request during the execution of the request, and shall allow such persons to pose questions to the person from whom evidence is to be taken, in a manner agreed to by the Requested Party. For this purpose, the Requested Party shall promptly inform the Requesting Party of the time and place of the execution of the request.
4. A person who is required to give evidence in the Requested Party under this Article may decline to give evidence where either:
(a) the law of the Requested Party permits that witness to decline to give evidence in similar circumstances in proceedings originating in the Requested Party; or
(b) the law of the Requesting Party permits that witness to decline to give evidence in such proceedings in the Requesting Party.
5. If any person claims that there is a right to decline to give evidence under the law of the Requesting Party, the Central Authority of that Party shall, upon request, provide a certificate to the Central Authority of the Requested Party as to the existence of that right. In the absence of evidence to the contrary, the certificate shall provide sufficient evidence as to the existence of that right.
Taking of Evidence. 1. The Requested Party shall, in conformity with the its law and upon request, take testimony, or otherwise obtain statements of persons or require them to produce items of evidence for transmission to the Requesting Party.
2. The Requested Party shall, to the extent permitted by its law and upon request, permit the presence of such judicial personnel concerned in the investigation, prosecution or proceedings as specified in the request during the execution of the request, and may allow such personnel, in a manner agreed to by the Requested Party, to question the person whose evidence is being taken. In the event that such direct questioning is not permitted, such personnel may be allowed to submit questions to be posed through the Requested Party to the persons whose evidence is being taken.
3. For the purpose of paragraph 2, the Requested Party shall, upon request, promptly inform the Requesting Party of the time and place of the execution of the request.
Taking of Evidence. The Panel, Panel Member or Arbiter may accept relevant oral statement where written evidence, signed statement or statutory declarations are not available or appropriate.
Taking of Evidence. The taking of evidence with respect to the arbitration shall be governed by the International Bar Association Rules on the Taking of Evidence in International Commercial Arbitration, as adopted on June 1, 1999.
Taking of Evidence. 1. Unless otherwise provided this Treaty, the request Party shall make all necessary arrangement for the taking of evidence as required by the requesting Party.
2. Where a request is made for the purpose of a proceeding in relation to a criminal matter in the requesting Party, the requested Party shall, upon request, endeavour to take the evidence of witnesses for transmission to the requesting Party.
3. For the purpose of request under this Article the requesting Party shall specify the subject matter about which persons are to be examined including any question to be put.
4. The requested party shall!, to the extent permitted by it law and upon request, inform the requesting party of the time and place of the executing of request, so that the relevant personnel as authorized by the national law of the requesting Party can be present during the execution of the request ask question through the relevant personnel of the requested.
5. A person who required to give evidence in the requested Party under this Article may decline to give evidence where either :
(a) The law of the requested Party permits that witness to decline to give evidence in similar circumstances in proceedings originating in the requested Party; or
(b) Where the law of the requesting Party permits that witness to decline to give evidence in such proceedings in the requesting Party.
Taking of Evidence. 1. Where a request is made for the purpose of proceedings related to a criminal matter in the Requesting Party, the Requested Party shall take the evidence of persons for transmission to the Requesting Party.
2. For the purposes of this Treaty, the taking of evidence shall include the production of documents, records or other items.
3. A request under this Article shall specify the subject matter about which evidence is to be taken, including any questions to be put to persons from whom evidence is to be taken.
4. Upon the request of the Requesting Party, the parties to the relevant proceedings in the Requesting Party, their legal representatives and representatives of the Requesting Party may, subject to the laws and procedures of the Requested Party, appear and question the person from whom evidence is to be taken.
5. Nothing in this Article shall prevent the use of live video or live television links or other appropriate communication facilities in accordance with the laws and procedures of the Requested Party for the purpose of executing this Article if it is expedient and in the interest of justice to do so.
6. A person from whom evidence is to be taken in the Requested Party under this Article may decline to give evidence where either:
(a) the laws of the Requested Party permit or require that person to decline to give evidence in similar circumstances in proceedings originating in the Requested Party; or
(b) the laws of the Requesting Party permit or require that person to decline to give evidence in similar circumstances in proceedings originating in the Requesting Party.
7. If any person claims that there is a right or obligation to decline to give evidence under the laws of the Requesting Party, that Party shall, upon request, provide a certificate to the Requested Party as to the existence of that right or obligation. In the absence of evidence to the contrary, the certificate shall provide sufficient evidence as to the existence of that right or obligation.
