South Australian Current Acts

EVIDENCE ACT 1929 - SECT 59E

59E—Taking of evidence outside the State

        (1)         Where, in the opinion of an authorised South Australian court, it is necessary or expedient that evidence relating to proceedings before it be taken outside the State, the court may—

            (a)         sit outside the State for the purpose of taking the evidence; or

            (b)         issue a commission to an officer of the court or some other appropriate person to take the evidence; or

            (c)         request a foreign court to take the evidence.

        (2)         Subject to any just exception—

            (a)         any depositions taken on commission or by a foreign court that takes evidence in pursuance of a request under this Part may be put in as evidence at the hearing of the proceedings to which they relate; and

            (b)         any documents produced to a commissioner or a foreign court that takes evidence in pursuance of a request under this Part are admissible at the hearing of the proceedings to which they relate as if produced at the hearing.

        (3)         Any documents appearing to be depositions or documents so taken or produced, will, in the absence of evidence to the contrary, be accepted as such.

        (4)         An authorised South Australian court may take evidence from a place outside the State by video link or any other form of telecommunication that the court thinks appropriate in the circumstances.