37DExamination of parties and witnesses

### 37D Examination of parties and witnesses > *\[Section 37D Inserted by No. 20 of 1990, s. 9 \]* > > > (1)  In all cases of reference to arbitration under this Act, the Court or a judge may – > > > > > > (a) make an order or issue a commission for the examination of a party to that reference, or a witness whose evidence, by reason of absence, intention to depart from the State, illness, age, distance of residence, or other cause, would otherwise be liable to be lost; and > > > > > > > (b) give all such directions as to the time, place and manner of examination and other matters connected with the examination as the Court or judge thinks fit. > > > (2)  Every order or commission made or issued by the Court or a judge under [subsection (1)](#GS37D@Gs1@EN) may be made or issued in the same manner as orders are made or commissions are issued for the examination of witnesses in any cause in the Court in its common law jurisdiction, or as near to that manner as may be practicable. > > > (3)  A person authorized to take the examination of parties or witnesses under any order or commission made or issued by the Court or a judge under [subsection (1)](#GS37D@Gs1@EN) shall take the evidence upon oath, or on affirmation in cases where affirmation is allowed by law to be administered in an action.