4Order to examine witnesses

4 Order to examine witnesses S. 4(1) amended by No. 22/2020 s. 20(1). (1) The Supreme Court, in its discretion and where it appears in the interests of justice to do so, on the application of a party to a civil or criminal proceeding before the Supreme Court, may make, in relation to a person in Victoria, an order for the issue of a commission for the examination of the person on oath or affirmation at any place in Victoria. S. 4(1A) inserted by No. 22/2020 s. 20(2). (1A) The County Court, in its discretion and where it appears in the interests of justice to do so, on the application of a party to a civil or criminal proceeding before the County Court, may make, in relation to a person in Victoria, an order for the issue of a commission for the examination of the person on oath or affirmation at any place in Victoria. S. 4(2) amended by No. 22/2020 s. 20(3). (2) In determining whether it is in the interests of justice to make an order under subsection (1) or (1A) in relation to the taking of evidence of a person, the matters to which the court must have regard include the following— (a) whether the person will be able to give evidence material to any issue to be tried in the proceeding; (b) whether, having regard to the interests of other parties to the proceeding, justice will be better served by granting or refusing the order. S. 4(3) amended by No. 22/2020 s. 20(4). (3) If the Supreme Court makes an order under subsection (1), or the County Court makes an order under subsection (1A), the Court, in its discretion, at the time of the making of the order or at a subsequent time, may give such directions as it thinks just relating to the procedure to be followed in and in relation to the examination, including directions as to the time, place and manner of the examination, and to any other matter that the Court thinks relevant. S. 4(4) amended by No. 22/2020 s. 20(3). (4) Subject to subsection (5), the Supreme Court or the County Court may, on such terms, if any, as it thinks fit, permit a party to the proceeding to tender as evidence in the proceeding the evidence of a person taken in any examination held as a result of an order made under subsection (1) or (1A) or a record of that evidence. (5) Evidence of a person so tendered is not admissible if— (a) it appears to the satisfaction of the Supreme Court or County Court at the hearing of the proceeding that the person is able to attend the hearing; or S. 4(6) amended by No. 22/2020 s. 20(3). (6) If it is in the interests of justice to do so, the Supreme Court or County Court may, in its discretion, exclude from the proceeding evidence taken in an examination held as a result of an order made under subsection (1) or (1A), whether or not it is otherwise admissible. (7) In this section, a reference to evidence taken in an examination includes a reference to— (b) answers made, whether in writing, or orally and reduced to writing, to any written interrogatories presented at the examination. S. 5 substituted by No. 57/1990 s. 4, amended by No. 68/2009 s. 97(Sch. item 54.1), repealed by No. 69/2009 s. 4. S. 6 substituted by No. 57/1990 s. 4.