Tasmanian Consolidated Regulations

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SUPREME COURT RULES 2000 - REG 476

Order for depositions
(1)  In any proceeding, the Court or a judge may make an order –
(a) for the examination of any person on oath at any place before –
(i) the Court or judge; or
(ii) any officer of the Court; or
(iii) a judge of an inferior court of civil jurisdiction; or
(iv) any other person; or
(b) 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
(c) that a letter of request to examine witnesses be issued instead of a commission; or
(d) empowering a party to give in evidence any deposition taken, either unconditionally or subject to terms.
(2)  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.
(3)  An order for a commission to examine a witness and the commission are to be in accordance with the prescribed forms.
(4)  An order for a letter of request and the letter of request are to be in accordance with the prescribed forms.



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