Document ID: chunk:federal_register_of_legislation:F1996B01839:body:0:p5
Version: federal_register_of_legislation:F1996B01839
Segment Type: other
Provision Reference: 
Character Range: 10793–13490

State not less than forty-five days before the date on which the appearance is required.  In urgent cases, the Requested State may waive this requirement.

3. The Requested State may effect service of any document by mail or, if the Requesting State so requests, in any other manner required by the law of the Requesting State which is not inconsistent with the law of the Requested State.

4. The Requested State shall forward to the Requesting State proof of service of the documents.  If service cannot be effected, the Requesting Party shall be so informed and advised of the reasons.

Article 10

Taking of evidence

1. Where a request is made for the purpose of proceedings in relation to a criminal matter in the Requesting State, the Requested State shall, upon request, take the evidence of witnesses for transmission to the Requesting State.

2. For the purposes of this Treaty, the giving or taking of evidence shall include the production of documents, records or other material.

3. For the purposes of requests under this Article the Requesting State shall specify the subject matter about which persons are to be examined, including any questions to be put.

4. To the extent not prohibited by the law of the Requested State, judges or officials of the Requesting State and other persons involved in the investigation or proceedings shall be permitted to be present at the execution of the request and to participate in the proceedings in the Requested State.  The right to participate in the proceedings shall include the right of any person present to pose questions through the judges or officials of the Requested State.

5. A person who is required to give evidence in the Requested State under this Article may decline to give evidence where the law of the Requested State permits that witness to decline to give evidence in similar circumstances in proceedings originating in the Requested State.

6. Where a person who is required to give evidence in the Requested State under this Article claims that there is a right to decline to give evidence in the proceedings in the Requesting State, referred to in paragraph 1, the Requested State shall either:
         (a) request the Central Authority of the Requesting State to provide a certificate as to the existence of that right; or
         (b) nevertheless require the person to give the evidence and transmit the evidence to the Requesting State for its determination as to the existence of the right claimed by the person.

7. Where the Requested State receives a certificate from the Requesting State as to the existence of the right claimed by the person, that certificate, in the absence of evidence to the contrary,