Document ID: chunk:federal_register_of_legislation:F1996B01843:body:0:p3
Version: federal_register_of_legislation:F1996B01843
Segment Type: other
Provision Reference: 
Character Range: 5239–7972

and, if requested, of the proposed date and place of execution of the request, and the entitlement, if any, of persons to be present.

2. The Requesting Party shall return the material and documents provided in a response to a request as soon as possible unless the Requested Party, without prejudice to its rights or the rights of third parties, waives its return.

ARTICLE 6

(Service of Documents)

1. The Requested Party shall serve judicial decisions or any other documents relating to proceedings which are transmitted to it for that purpose by the Requesting Party.

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

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

ARTICLE 7

(Appearance of Witnesses or Experts)

1. If the Requesting Party requests the assistance of the Requested Party in obtaining in the territory of the Requested Party the evidence of witnesses or experts, the Requested Party shall, subject
SCHEDULE—continued

to its laws, arrange for the evidence of that witness or expert to be obtained.

2. Where the Requesting Party seeks the attendance of a witness or expert in its territory, it may request the Requested Party to assist in making that person available.  The Requested Party shall, if satisfied that:
         a) satisfactory arrangements for the security of the person are made;
         b) the person whose attendance is sought consents; and
         c) any coercive measures or penalties specified in the summons shall be without effect if the person does not consent;
effect service of the summons.

3. A request for service of a summons under paragraph 2 of this Article shall state the allowances, travelling and subsistence expenses payable and shall be made so that it is received within 45 days before the date on which the person is to appear. In urgent cases the Requested Party may waive the requirement of 45 days.

ARTICLE 8

(Appearance of Persons in Custody)

1. If the Requesting Party seeks the attendance as a witness in its territory of a person who is in custody in the territory of the Requested Party, the Requested Party shall, if satisfied that:
         a) there are no serious reasons for opposing the transfer; and
         b) the person in custody consents;
transfer that person, in custody, to the Requesting Party.

2. The Requesting Party shall, subject to paragraph 3 of this Article, hold the transferred person in custody