Family Justice (General) Rules 2024 · As enacted · Part 3 · Quasi-Criminal Proceedings
42. Procedure for taking evidence in Singapore at request of court in reciprocating country (P. 3, r. 42)
Feedback & supportThis Rule applies where a request under section 14 is made by or on behalf of a court in a reciprocating country for the taking in Singapore of the evidence of a person residing in Singapore.
The evidence of the person is to be taken in the same manner as if that person were a witness in a trial.
The court that takes the evidence of the person must certify the authenticity of the official record of the person’s evidence.
Where the official record of the person’s evidence is in writing, the person who gave the evidence must sign the official record.
Where the request under paragraph (1) includes a request that the evidence be taken in a particular manner, the Court by which the evidence is taken must, so far as circumstances permit, comply with that request.
The official record of the person’s evidence must be sent to the court in the reciprocating country by or on behalf of which the request was made.
In this Rule, “official record”, in relation to the evidence of a person, means —
where an audio recording system approved by the Registrar is used to record the person’s evidence — the audio recording; or
when an audio recording system is not used — the Court’s notes of proceedings, recorded in any manner that the Court may determine.
Subregulation 1
This Rule applies where a request under section 14 is made by or on behalf of a court in a reciprocating country for the taking in Singapore of the evidence of a person residing in Singapore.
Subregulation 2
The evidence of the person is to be taken in the same manner as if that person were a witness in a trial.
Subregulation 3
The court that takes the evidence of the person must certify the authenticity of the official record of the person’s evidence.
Subregulation 4
Where the official record of the person’s evidence is in writing, the person who gave the evidence must sign the official record.
Subregulation 5
Where the request under paragraph (1) includes a request that the evidence be taken in a particular manner, the Court by which the evidence is taken must, so far as circumstances permit, comply with that request.
Subregulation 6
The official record of the person’s evidence must be sent to the court in the reciprocating country by or on behalf of which the request was made.
Subregulation 7
In this Rule, “official record”, in relation to the evidence of a person, means —
where an audio recording system approved by the Registrar is used to record the person’s evidence — the audio recording; or
when an audio recording system is not used — the Court’s notes of proceedings, recorded in any manner that the Court may determine.