Common use of Taking of Evidence Clause in Contracts

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. 1. The Requested Party shall, to the extent its laws permit and upon request, take testimony, or otherwise obtain statements 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. However, the persons present at the execution of a request may be permitted to make a verbatim transcript of the proceedings. The use of technical means to make such a verbatim transcript may be permitted. 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. 1. The Requested Party shall, to the extent in conformity with its laws permit law and upon request, take testimony, 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, Party 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 who is required to give evidence is to be taken in the Requested Party pursuant to a request under this Article may decline to give evidence where: (a) where the law of the Requested Party would permit or require permits that person to decline not 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 4. Where a person to decline who is required to give evidence in such criminal proceedings in the Requesting Party. 4. If any person in the Requested Party under this Article claims that there is a right or obligation to decline to give evidence under the law laws of the Requesting Party, the Central Authority of Requested Party shall either: (a) request the Requesting Party shall, upon request, to provide a certificate as to the Central Authority existence of that right; or (b) nevertheless require the person to give the evidence and transmit the evidence to the Requesting Party for its determination as to the existence of the right claimed by the person. 5. Where the Requested Party receives a certificate from the Requesting Party as to the existence or otherwise of the right claimed by the person, that right. In certificate, in the absence of evidence contrary, shall provide sufficient evidence as to the contrary, the certificate shall be sufficient evidence existence of the matters stated in itright. 5. For the purposes of this Article, the taking of evidence includes the production of documents or other articles.

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 takenwritten questions. 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) where 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 Partyparty so provides. 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 provides 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.