Part 6BObtaining evidence from outside a court's territorial jurisdiction

Part 6B—Obtaining evidence from outside a court's territorial jurisdiction 59D—Interpretation (1) In this Part— authorised South Australian court means— (a) the Supreme Court; (b) the District Court; (c) the Magistrates Court; (e) a court or tribunal declared by the Attorney-General, by notice in the Gazette, to be an authorised South Australian court for the purposes of this Part; foreign court means a court established under the law of some country, state or territory other than this State. (2) This Part applies in respect of— (a) civil proceedings originating in courts within or outside Australia; (b) criminal proceedings originating in Australian courts. 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. 59F—Power of South Australian Court to take evidence on request (1) Where a foreign court requests an authorised South Australian court to take evidence in this State for the purpose of proceedings before that foreign court the South Australian court may summon any person to appear before it for the purpose of giving evidence or for the purpose of producing documents. (2) A witness summoned to appear before an authorised South Australian court under this section may be examined, cross-examined or re-examined before that court. (3) Subject to this Part, the South Australian court in taking evidence under this section shall have the same powers as if the proceedings originated in that court. (4) If, while any person is being examined before an authorised South Australian court, objection is taken to any question, or to answering any question, the ground of the objection and the answer (if any) to the question shall be set out in the deposition of that person. (5) Subject to subsections (6) and (7), the validity of the ground of any such objection shall not be determined by the authorised South Australian court but by the foreign court at whose request the examination is being conducted. (6) The authorised South Australian court may permit a witness to decline to answer a question where in the opinion of the court the answer to that question might incriminate him or where it would in the opinion of the court be unfair to the witness, or to any other person, that the answer should be given and recorded. (7) A witness cannot be compelled to give evidence on a particular subject if he or she could not be compelled to give evidence on that subject in the foreign court from which the request to take evidence originated. 59G—Depositions to be signed Where pursuant to this Part— (a) a witness has given evidence before an authorised South Australian court, his deposition shall be signed by him and by the person presiding over the court; or (b) a document has been produced before an authorised South Australian court, the person presiding over the court shall attach to that document a certificate signed by him stating the name of the person by whom the document was produced. 59H—Transmission of request Where an authorised South Australian court receives a request from a foreign court for the examination of a witness, or the production of documents, and it appears to the court that the witness or person by whom the evidence is to be given, or the documents produced, is not in South Australia and is not proceeding to South Australia, but is in, or proceeding to, some other country or State, the South Australian court— (a) may transmit the request to a foreign court in that other country or State together with such information as it possesses concerning the whereabouts of that person; and (b) shall give notice to the foreign court from which it received the request of the fact that the request has been so transmitted. 59I—Saving provision (1) Nothing in this Part limits the power of a court to require a witness to attend in person before the court. (2) The provisions of this Part are supplementary to, and do not derogate from, the provisions of any other Act or law.