|
|
Power to take evidence on commission.
|
12.—(1) If and whenever the Judge is satisfied in regard to any person proposed to be called by any party as a witness at the hearing of an application for compensation under the Criminal Injuries Acts in respect of an injury to which this Part of this Act applies—
|
|
| |
(a) that the evidence of such person is material to the proper presentation of the case of the party proposing to call him as a witness, and
|
|
| |
(b) that such person is outside the limits of Saorstát Eireann, and
|
|
| |
(c) there are substantial reasons, other than expense, for dispensing with the personal attendance of such person at such hearing,
|
|
| |
the Judge may make an order for the examination of such person upon oath or affirmation before any person and at any place outside the limits of Saorstát Eireann and may empower the party aforesaid to give such deposition in evidence at the hearing of such application on such terms, if any, as the Judge may direct.
|
|
| |
(2) Whenever the Judge shall make such order as is mentioned in the preceding sub-section there shall be issued to the person before whom the evidence is to be taken under such order a commission or, if the Judge so directs, a request, to take the evidence of the witness or witnesses named in such Order.
|
