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3.2.2
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Cases where evidence is taken by a competent court
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The competent department will, if necessary, request a competent court to take evidence, where appropriate under oath, where:
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Art. 117(6)
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(i)
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the taking of evidence by that department would entail disproportionately high travelling costs or the taking of evidence by the competent court appears to be appropriate on other grounds;
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(ii)
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the competent department considers it advisable for the evidence of a party, witness or expert it has heard to be re-examined under oath or in an equally binding form (see IV, 3.2.1);
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Art. 117(5)
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(iii)
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there has been no reply to the summons by the expiry of a period fixed by the competent department in the summons (see IV, 1.5(iii)); or
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Art. 117(4)
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(iv)
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a party, witness or expert who has been summoned before that department requests the latter in accordance with IV, 1.5(iii), to allow his evidence to be heard by a competent court in his country of residence. If the party, witness or expert simply refuses to be heard by the responsible Division, he should be notified that the competent national court will have the relevant national legal possibilities to oblige him to appear and to testify.
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Art. 117(4)
Rule 99(3)
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CHAPTER IV TAKING AND CONSERVATION OF EVIDENCE
3.2.1 Taking of evidence on oath or in equally binding form
