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Maintenance Orders Reciprocal Enforcement Act · s 13

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s 13Admissibility of evidence

(1)

A statement contained in a document, duly authenticated, which purports -

(a)

to set out or summarise evidence given in proceedings in a court in a reciprocating country;

(b)

to set out or sumrnarise evidence taken in such a country for the purpose of proceedings in a court in Brunei Darussalam under this

Act, whether in response to a request made by such a court or otherwise; or

(c)

to have been received in evidence in proceedings in a court in such a country or to be a copy of a document so received, shall in any proceedings in a court in Brunei Darussalam relating to a maintenance order to which this Act applies be admissible as evidence of any fact stated therein to the same extent as oral evidence of that fact is admissible in those proceedings.

(2)

A document purporting to set out or summarise evidence given as mentioned in subsection (l)(a), or taken as mentioned in subsection (l)(b), is deemed to be duly authenticated for the purposes of that subsection if the document purports to be certified by the judge, magistrate or other person

Maintenance Orders

Reciprocul Enforcement

CAP. 175 19

before whom the evidence was given, to be the original document containing or surnmarising that evidence or a true copy of that document.

(3)

A document purporting to have been received in evidence as mentioned in subsection (l)(c), or to be a copy of a document so received, is deemed to be duly authenticated for the purposes of that subsection if the document purports to be certified by a judge, magistrate or an officer of the court in question to be a true copy of a document which has been so received.

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(4)

It shall not be necessary in any such proceedings to prove the signature or official position of the person appearing to have given such a certificate.

(5)

Nothing in this section shall prejudice the admission in evidence of any document which is admissible in evidence apart from this section.