Rechtsbibliothek und Fallanalyse · Österreich · Belgien · Europäische Union
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Cap. 242 · cap/242 (Cap. 242)

Cap. 242 Art. 15Obtaining of evidence needed for certain proceedings.

In KraftAmtlicher Text

(1) Where for the purpose of any proceedings in a court in a reciprocating country relating to a maintenance order to which this Act applies a request is made by or on behalf of that court for the taking in Malta of the evidence of a person residing therein relating to matters specified in the request, the competent Maltese court shall have power to take that evidence and, after giving notice of the time and place at which the evidence is to be taken to such persons and in such manner as it thinks fit, shall take the evidence or cause the evidence to be taken in such manner as it may deem appropriate, or as may be prescribed under article 18.

(2) Evidence taken in compliance with such a request shall be sent by the Registrar to the court in the reciprocating country by or on behalf of which the request was made.

(3) A court in Malta may for the purpose of any proceedings in that court under this Act relating to a maintenance order to which this Act applies request a court in a reciprocating country to take or provide evidence relating to such matters as may be specified in the request and may remit the case to that court for that purpose. officer of the court, shall be deemed to have been duly sealed or, as the case may be, to have been signed by that person;

(b) the person by whom the order was signed shall be deemed without further proof to have been a judge, magistrate or officer, as the case may be, of that court when he signed it and, in the case of an officer, to have been authorised to sign it; and

(c) a document purporting to be a certified copy of an order made by a court in a reciprocating country shall be deemed without further proof to be such a copy.