Scottish Court of Session Decisions

Subject_1Evidence
Subject_2Foreign
Subject_3Evidence Required in Foreign Court of Witness residing in Scotland
Subject_419 and 20 Vict. c. 113. Headnote:

The Act of 1856, “to provide for taking evidence in Her Majesty's dominions in relation to civil and commercial matters pending before foreign tribunals, 19 and 20 Vict. c. 113, provides, sec.

Page: 811↓

1, that “Where, upon an application for this purpose, it is made to appear to any Court or judge having authority under this Act [including by sec. 6 the Court of Session] that any Court or tribunal of competent jurisdiction in a foreign country before which any civil or commercial matter is pending is desirous of obtaining the testimony, in relation to such matter, of any witness or witnesses within the jurisdiction of such first-mentioned Court, or of the Court to which such judge belongs, or of such judge, it shall be lawful for such Court or judge to order the examination upon oath upon interrogatories or otherwise, before any person or persons named in such order, of such witness or witnesses accordingly.” … By sec. 2 “a certificate by … a consul-general of a foreign power in London, that any matter in relation to which an application is made is a civil or commercial matter pending before a Court in the country he represents having jurisdiction in the matter so pending, and that such Court is desirous of obtaining the testimony of the witness to whom the application relates, shall be evidence of the matters so certified.” …

This was a petition by Thomas Blair, notary-public in Dunfermline, setting forth that he had been instructed by the Consul-General of the German Empire to apply under this Act for the examination of two witnesses residing near Dunfermline on a civil or commercial matter pending before a German Court certified by the German Ambassador at the Court of Saint James to have jurisdiction.

The petitioner prayed the Court to order the examination of the witnesses referred to in the petition on oath before himself, and to grant an order for their attendance at a time and place named in the petition, and grant authority to cite them for that purpose.