Common use of Taking of Evidence Clause in Contracts

Taking of Evidence. 1. Unless otherwise provided this Treaty, the request Party shall make all necessary arrangement for the taking of evidence as required by the requesting Party. 2. Where a request is made for the purpose of a proceeding in relation to a criminal matter in the requesting Party, the requested Party shall, upon request, endeavour to take the evidence of witnesses for transmission to the requesting Party. 3. For the purpose of request under this Article the requesting Party shall specify the subject matter about which persons are to be examined including any question to be put. 4. The requested party shall!, to the extent permitted by it law and upon request, inform the requesting party of the time and place of the executing of request, so that the relevant personnel as authorized by the national law of the requesting Party can be present during the execution of the request ask question through the relevant personnel of the requested. 5. A person who required to give evidence in the requested Party under this Article may decline to give evidence where either : (a) The law of the requested Party permits that witness to decline to give evidence in similar circumstances in proceedings originating in the requested Party; or (b) Where the law of the requesting Party permits that witness to decline to give evidence in such proceedings in the requesting Party.

Taking of Evidence. 1. Unless otherwise provided [in] this Treaty, the request Party shall make all necessary arrangement arrangement[s] for the taking of evidence as required by the requesting Party. 2. Where a request is made for the purpose of a proceeding in relation to a criminal matter in the requesting Party, the requested Party shall, upon request, endeavour to take the evidence of witnesses for transmission to the requesting Party. 3. For the purpose of request under this Article the requesting Party shall specify the subject matter about which persons are to be examined examined[,] including any question to be put. 4. The requested party shall![], to the extent permitted by it it[s] law and upon request, inform the requesting party of the time and place of the executing of [the] request, so that the relevant personnel as authorized by the national law of the requesting Party can be present during the execution of the request [and] ask question question[s] through the relevant personnel of the requested. 5. A person who [is] required to give evidence in the requested Party under this Article may decline to give evidence where either either: (a) The [t]he law of the requested Party permits that witness to decline to give evidence in similar circumstances in proceedings originating in the requested Party; or (b) Where [w]here the law of the requesting Party permits that witness to decline to give evidence in such proceedings in the requesting Party.