Court Procedures Rules 2006

This rule applies if, on application to the court under rule 6842 for evidence to be taken in the ACT, the court is satisfied that—

the application is made under a request issued by or on behalf of a court or tribunal exercising jurisdiction in a place outside the ACT (including outside Australia); and

the evidence to which the application relates is to be taken for a proceeding that has been, or may be brought, before the requesting court.

The court may, by order, make any provision for the taking of evidence in the ACT that appears to the court to be appropriate for the purpose of giving effect to the request.

Without limiting subrule (2), an order under this rule may provide for all or any of the following:

the examination of witnesses, orally or in writing;

the production of documents;

the inspection, photographing, preservation, custody or detention of property;

the taking of samples of property and the carrying out of any experiments on or with property;

the medical examination of a person;

without limiting paragraph (e), the taking and testing of samples of blood from a person.

An order under this rule may require a stated person to take steps—

that the court considers appropriate for the purpose of giving effect to the request; and

that could be taken to obtain evidence for the purpose of a proceeding in the court (whether or not the proceeding is of the same kind as the proceeding to which the application for the order relates).

Subrule (4) does not prevent the court making an order requiring a person to give testimony, orally or in writing, otherwise than on oath if this is asked for by the requesting court.

An order under this rule must not require a person to—

state what documents relevant to the proceeding to which the application for the order relates are or have been in the person’s possession; or

produce any documents other than stated documents.