Evidence on Commission Act 2001

In this section – Supreme Court means that Court except when exercising federal jurisdiction.

The Supreme Court, in any civil or criminal proceeding before it, if it appears in the interests of justice to do so and on the application of a party to the proceedings, may make, in relation to a person outside the State, an order – for the examination of the person on oath or affirmation at any place outside the State before a judge of the Supreme Court, an officer of the Supreme Court or any other person the Supreme Court may appoint; or for the issue of a commission for the examination of the person on oath or affirmation at any place outside the State; or for the issue of a letter of request to the judicial authorities of a place outside the State to take, or to cause to be taken, the evidence of the person.

In determining if it is in the interests of justice to make an order under subsection (2) in relation to the taking of evidence of a person, the matters to which the Supreme Court is to have regard include the following matters:whether the person is willing or able to come to the State to give evidence in the proceeding; whether the person is able to give evidence material to any issue to be tried in the proceeding; whether, having regard to the interests of the parties to the proceeding, justice is better served by granting or refusing the order.

If the Supreme Court makes an order under subsection (2)(a) or (b), it may, at the time of the making of the order or at a subsequent time, give any directions it thinks just relating to – the procedure to be followed in and in relation to the examination; and the time, place and manner of the examination; and any other matter it considers relevant.

If the Supreme Court makes an order under subsection (2)(c) in relation to the taking of evidence of a person in a proceeding, it may include in the order a request as to any matter relating to the taking of that evidence, including any of the following matters:the examination, cross-examination or re-examination of the person, whether the evidence of the person is given orally, upon affidavit or otherwise; the attendance of the legal representative of each party to the proceeding and the participation of those persons in the examination in appropriate circumstances; any prescribed matter.

The Supreme Court, on any terms it considers fit, may permit a party to the proceeding to tender as evidence in the proceeding the evidence of a person taken in an examination held as a result of an order made under subsection (2) or a record of that evidence.

Evidence of a person tendered under subsection (6) is not admissible if – it appears to the satisfaction of the Supreme Court at the hearing of the proceeding that the person is in the State and is able to attend the hearing; or the evidence would not have been admissible had it been given or produced at the hearing of the proceeding.

If it is in the interests of justice to do so, the Supreme Court may exclude from the proceeding evidence taken in an examination held as a result of an order made under subsection (2), notwithstanding that it is otherwise admissible.

The power vested in the Supreme Court under subsection (2) may be exercised in chambers.

In this section, a reference to evidence taken in an examination includes a reference to – a document produced at the examination; and answers made, whether in writing, or orally and reduced to writing, to any written interrogatories presented at the examination.