EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1958 - SECT 130 Power to person acting judicially to direct that evidence be recorded
EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1958 - SECT 130
Power to person acting judicially to direct that evidence be recordedS. 130(1) amended by Nos 9156 s. 3(2)(a)(i), 110/1986 s. 140(2), 100/1995 s. 22(1)(a)–(d).
(1) Any person acting judicially if in his or her discretion he or she thinks fit may on the application of any party to any legal proceeding before him or her, and such person shall upon the application of all the parties to any legal proceeding before him or her, direct that any evidence to be given in the legal proceeding be recorded and transcribed in any manner that he or she directs.
S. 130(2) amended by No. 8752 s. 6(1)(a), substituted by No. 100/1995 s. 22(2).
(2) A direction under subsection (1) may include such terms and conditions as the person acting judicially thinks fit.
S. 130(3) amended by Nos 9156 s. 3(2)(a)(ii), 78/2000 s. 5(1).
(3) Subject to subsection (3A), if any direction is given under this section the person who is to record the evidence shall be selected by all the parties to the legal proceeding or in default of their agreement by the person acting judicially in the proceeding.
S. 130(3A) inserted by No. 78/2000 s. 5(2).
(3A) If the Secretary to the Department of Justice has entered into an agreement with a person for the provision by that person of recording and transcription services to the court concerned, the evidence must be recorded and transcribed by or on behalf of that person unless a party to the legal proceeding shows grounds to the satisfaction of the person acting judicially in the proceeding that another person should record and transcribe the evidence and the person acting judicially so directs.
S. 130(4) amended by Nos 9156 s. 3(2)(a)(iii), 100/1995 s. 22(3).
(4) Where any evidence is recorded pursuant to this section the person acting judicially having jurisdiction to determine by whom the costs of the legal proceeding are to be paid may decide in his or her discretion by whom the costs of recording and transcribing such evidence shall be paid.
No. 5877 s. 2 [123].
S. 131 amended by No. 9156 s. 3(2)(b).