476Order for depositions

476 Order for depositions

(1)  In any proceeding, the Court or a judge may make an order –

(a) for the examination of any person on oath at any place before –

(i) the Court or judge; or

(ii) any officer of the Court; or

(iii) a judge of an inferior court of civil jurisdiction; or

(iv) any other person; or

(b) that a commission be issued to any person, either in Tasmania or elsewhere, authorising that person to take the evidence on oath of any witness or person; or

(c) that a letter of request to examine witnesses be issued instead of a commission; or

(d) empowering a party to give in evidence any deposition taken, either unconditionally or subject to terms.

(2)  [Rule 476 Subrule (2) amended by S.R. 2004, No. 56, Applied:21 Jul 2004] An order is not to be made for the examination of a party to any proceeding in any case in which, because of section 194D of the Evidence Act 2001 , an order for a commission to take the evidence of the party would not be made.

(3)  An order for a commission to examine a witness and the commission are to be in accordance with the prescribed forms.

(4)  An order for a letter of request and the letter of request are to be in accordance with the prescribed forms.