Application to Supreme Court for assistance in obtaining evidence for proceedings in other court
116 Application to Supreme Court for assistance in obtaining evidence for proceedings in other court
If an application is made to the Supreme Court for an order for evidence to be obtained in Western Australia and the Supreme Court is satisfied —
that the application is made in pursuance of a request issued by or on behalf of a court or tribunal exercising jurisdiction in a place outside Western Australia; and
that the evidence to which the application relates is to be obtained for the purposes of proceedings which either have been instituted before the requesting court or whose institution before that court is contemplated,
the provisions of sections 117 to 118B apply.
Sections 117 to 118B do not apply in respect of proceedings relating to the commission of an offence or an alleged offence unless the requesting court is a court of a place in Australia or of New Zealand.
[Section 116 inserted: No. 34 of 1989 s. 4.]
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