Document ID: chunk:federal_register_of_legislation:F1996B02092:body:0:p5
Version: federal_register_of_legislation:F1996B02092
Segment Type: other
Provision Reference: 
Character Range: 10873–13635

the prior consent of the Requested State.

ARTICLE 9
SUMMONS AND SUBPOENA

1. Where the Requesting State requires the attendance of a person before its Courts, it shall request the service of the summons or subpoena not less than 30 days before the date on which the attendance is required.

2. In urgent cases the Requested State may waive this requirement.

ARTICLE 10
TAKING OF EVIDENCE

1. At the request of the Requesting State, the Requested State shall take the evidence or statements of persons.

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. Where, pursuant to a request for assistance, a person is to give evidence, the parties to the relevant proceedings in the Requesting State, their legal representatives and representatives of the Requesting State may, subject to the laws of the Requested State, appear and question the person giving that evidence.  For the purposes of this paragraph the Requesting State shall advise the Requested State of the names of the parties and any representatives entitled to attend.

5. A person who is required to give evidence in the Requested State pursuant to a request for assistance may decline to give evidence where either:
          a) the law of the Requested State would permit that person to decline to give evidence in similar circumstances in proceedings which originated in the Requested State; or
          b) where the law of the Requesting State would permit that person to decline to give evidence in such proceedings in the Requesting State.

        SCHEDULE—continued

6. If any person claims that there is a right to decline to give evidence under the law of the Requesting State, the Requested State shall, with respect thereto, rely on a certificate of the Central Office of the Requesting State.

ARTICLE 11
AVAILABILITY OF PRISONERS TO GIVE EVIDENCE OR ASSIST INVESTIGATIONS

1. A prisoner in the Requested State may at the request of the Requesting State be temporarily transferred to the Requesting State to give evidence or assist investigations.

2. The Requested State shall not transfer a prisoner to the Requesting State unless the prisoner consents.

3. While the original sentence of a prisoner in the Requested State has not expired, the Requesting State shall hold the prisoner in custody and shall return that prisoner in custody to the Requested State at the conclusion of the proceedings in relation to which transfer to the Requesting State was sought or at such earlier time as that prisoner's