Singapore legislation

Regulation 42

of Family Justice (General) Rules 2024

Regulation 42

Procedure for taking evidence in Singapore at request of court in reciprocating country (P. 3, r. 42)

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 —

(a)

where an audio recording system approved by the Registrar is used to record the person’s evidence — the audio recording; or

(b)

when an audio recording system is not used — the Court’s notes of proceedings, recorded in any manner that the Court may determine.