6813Order for taking evidence otherwise than at trial

6813 Order for taking evidence otherwise than at trial (1) In any civil or criminal proceeding in the court, the court may, on the application of a party to the proceeding, make an order— (a) for the examination of a person on oath at a place in or outside the ACT (including outside Australia) before a person appointed by the court; or (b) for the issue of a commission for the examination of a person on oath at a place in or outside the ACT (including outside Australia); or (c) for the issue of a letter of request to a judicial authority of a place outside the ACT (including outside Australia) to take the evidence of a person (or cause it to be taken).

Rule 6814 (2) The court may make an order under subrule (1) only if it appears in the interests of justice to make the order. (3) In deciding whether it is in the interests of justice to make the order, the court must have regard to— (a) whether the person to be examined is willing or able to come to the ACT to give evidence in the proceeding; and (b) whether the person will be able to give evidence material to any issue to be tried in the proceeding; and (c) whether, having regard to the interests of the parties to the proceeding, justice will be better served by making or refusing to make the order. (4) If the court makes an order under subrule (1) (a) or (b), it may, when it makes the order or subsequently, give any direction it considers just in relation to the examination. (5) If the court makes an order under subrule (1) (c), it may include in the order a request about anything relating to the taking of the evidence, (a) the examination, cross-examination or re-examination of the person, whether the evidence is to be given orally, by affidavit or in another way; and (b) the attendance of the legal representative of each party to the proceeding and the participation of the legal representatives in the examination.