Common use of Taking of Evidence Clause in Contracts

Taking of Evidence. 1. Where a request is made for the purpose of proceedings related to a criminal matter in the Requesting Party, the Requested Party shall take the evidence of persons for transmission to the Requesting Party. 2. For the purposes of this Treaty, the taking of evidence shall include the production of documents, records or other items. 3. A request under this Article shall specify the subject matter about which evidence is to be taken, including any questions to be put to persons from whom evidence is to be taken. 4. Upon the request of the Requesting Party, the parties to the relevant proceedings in the Requesting Party, their legal representatives and representatives of the Requesting Party may, subject to the laws and procedures of the Requested Party, appear and question the person from whom evidence is to be taken. 5. Nothing in this Article shall prevent the use of live video or live television links or other appropriate communication facilities in accordance with the laws and procedures of the Requested Party for the purpose of executing this Article if it is expedient and in the interest of justice to do so. 6. A person from whom evidence is to be taken in the Requested Party under this Article may decline to give evidence where either: (a) the laws of the Requested Party permit or require that person to decline to give evidence in similar circumstances in proceedings originating in the Requested Party; or (b) the laws of the Requesting Party permit or require that person to decline to give evidence in similar circumstances in proceedings originating in the Requesting Party. 7. If any person claims that there is a right or obligation to decline to give evidence under the laws of the Requesting Party, that Party shall, upon request, provide a certificate to the Requested Party as to the existence of that right or obligation. In the absence of evidence to the contrary, the certificate shall provide sufficient evidence as to the existence of that right or obligation.

Taking of Evidence. 1. Where a request is made for the purpose of proceedings related to a criminal matter in the Requesting Party, the Requested Party shall take the evidence of persons for transmission to the Requesting Party. 2. For the purposes of this Treaty, the taking of evidence shall include the production of documents, records or other items. 3. A request under this Article shall specify the subject matter about which evidence is to be taken, including any questions to be put to persons from whom evidence is to be taken. 4. Upon the request of the Requesting Party, the parties to the relevant proceedings in the Requesting Party, their legal representatives and representatives of the Requesting Party may, subject to the laws and procedures of the Requested Party, appear and question the person from whom evidence is to be taken. 5. Nothing in this Article shall prevent the use of live video or live television links or other appropriate communication facilities in accordance with the laws and procedures of the Requested Party for the purpose of executing this Article if it is expedient and in the interest of justice to do so.s 6. A person from whom evidence is to be taken in the Requested Party under this Article may decline to give evidence where either: (a) the laws of the Requested Party permit or require that person to decline to give evidence in similar circumstances in proceedings originating in the Requested Party; or (b) the laws of the Requesting Party permit or require that person to decline to give evidence in similar circumstances in proceedings originating in the Requesting Party. 7. If any person claims that there is a right or obligation to decline to give evidence under the laws of the Requesting Party, that Party shall, upon request, provide a certificate to the Requested Party as to the existence of that right or obligation. In the absence of evidence to the contrary, the certificate shall provide sufficient evidence as to the existence of that right or obligation.