Maintenance Orders Act, 1974

Evidence in proceedings.

22.—(1) In any proceedings under this Act or proceedings to which section 17 (1) relates, unless the court sees good reason to the contrary—

(a) a document containing a request for the enforcement in the State of a maintenance order made in a reciprocating jurisdiction and purporting to have been transmitted to the Master of the High Court by or at the instance of an appropriate authority may, without further proof, be admitted as evidence that it is a request to which section 6 (1) relates and has been received by the Master from an appropriate authority;

(b) a document which purports to be a copy of a maintenance order, or of an order varying or revoking a maintenance order, made by a court in a reciprocating jurisdiction and to be certified by a judge, magistrate or officer of that court to be a true copy thereof may, without further proof, be admitted as evidence of the order;

(c) a statement contained in a document which purports to be certified by a judge, magistrate or officer of a court in a reciprocating jurisdiction to be—

(i) a document setting out or summarising evidence given in proceedings in that court or evidence taken in that jurisdiction for the purpose of maintenance proceedings in the State, whether in response to a request made under section 20 or otherwise, or a true copy of such document,

(ii) a document which has been received in evidence in proceedings in that court, or a true copy of a document so received, or

(iii) a true copy of the document specified in section 13 (1) (b),

may, without further proof, be admitted as evidence of any fact stated therein to the same extent as oral evidence of that fact by the maker of the statement would be admissible in those proceedings;

(d) a statement contained in a document which purports to be signed by a judge, magistrate or officer of a court in a reciprocating jurisdiction and to be—

(i) a document specified in section 13 (1) (other than paragraph (a)),

(ii) an equivalent document to which section 13 (2) relates,

(iii) a document which establishes that notice of the institution of proceedings in a reciprocating jurisdiction for the variation or revocation of a maintenance order made in that jurisdiction was served on the person against whom the proceedings were instituted, or

(iv) a certificate of any arrears under a maintenance order,

may, without further proof, be admitted as evidence of any fact stated or certified therein to the same extent as oral evidence of that fact by the maker of the statement would be admissible in those proceedings;

(e) a statement contained in a document which purports to be—

(i) a tax assessment or other statement or certificate relating to tax,

(ii) a statement or certificate of earnings,

(iii) a medical certificate,

(iv) a statement or certificate that a person was employed or was unemployed for a specified period,

(v) a statement or certificate that the notice referred to in section 18 (a) has been served in accordance with the law of the reciprocating jurisdiction concerned,

(vi) a letter written by a party to maintenance proceedings who is residing in a reciprocating jurisdiction, or

(vii) an affidavit or other document made or signed by such a party,

may, without further proof, be admitted as evidence of any fact stated or certified therein to the same extent as oral evidence of that fact by the maker of the statement would be admissible in those proceedings.

(2) The provisions of subsection (1) shall apply to a translation of any document referred to therein if it purports to be certified as correct by a person competent to do so.

(3) A statement which is admissible as evidence by virtue of subsection (1) (d), (1) (e) or (2) may be proved by the production of a copy (authenticated in such manner as the court may approve) of the document which contains the statement or of the material part thereof, whether or not the document is still in existence.

(4) In estimating the weight (if any) to be attached to a statement admitted as evidence by virtue of subsection (1) (c), (1) (d) or (1) (e), regard shall be had to any other evidence available to the court and to any circumstances from which any inference can reasonably be drawn as to the accuracy or otherwise of the statement, including the question whether the maker of the statement had any incentive to conceal or misrepresent facts and whether or not the statement was made on oath.