Order for depositions
476 Order for depositions
In any proceeding, the Court or a judge may make an order – for the examination of any person on oath at any place before – the Court or judge; or any officer of the Court; or a judge of an inferior court of civil jurisdiction; or any other person; or that a commission be issued to any person, either in Tasmania or elsewhere, authorising that person to take the evidence on oath of any witness or person; or that a letter of request to examine witnesses be issued instead of a commission; or empowering a party to give in evidence any deposition taken, either unconditionally or subject to terms.
An order is not to be made for the examination of a party to any proceeding in any case in which, because of section 194D of the Evidence Act 2001, an order for a commission to take the evidence of the party would not be made.
An order for a commission to examine a witness and the commission are to be in accordance with the prescribed forms.
An order for a letter of request and the letter of request are to be in accordance with the prescribed forms.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.