Common use of Taking of Evidence Clause in Contracts

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. The Requested State A request for the taking of evidence shall take be executed in accordance with the evidence requirements of witnesses for transmission to the Requesting State if a request is made for to the purpose extent permitted by the law of a proceeding in relation to a criminal matter in the Requesting Requested State. 2. The giving If the Requesting State requests the assistance of the Requested State in obtaining in the territory of the Requested State the evidence of witnesses or taking experts, the Requested State shall, subject to its laws, arrange for the evidence of evidence shall include the production of documents, records that witness or other materialexpert to be obtained. 3. The request for assistance under this Article shall indicate the nature Requested State may transmit certified copies or certified photocopies of the questions documents requested unless the Requesting State expressly requests the transmission of originals in which case the Requested State shall endeavour to be put to comply with the witnesses or the subject matter about which they are to be examinedrequest. 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. 65. If any person claims that there is a right to decline to give evidence under the law of the Requesting State, the Requested Central Office of that State shall, with respect theretoupon request, rely on provide a certificate of to the Central Office of the Requesting Requested State as prima facie proof 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.