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VOLUME: II
COMPULSION OF WITNESSES
CHAPTER: 14:01

Part:III Procedure for Taking Evidence Required in Neighbouring States (ss 7-9)

 

7.       Interrogatories

 

            (1) If any civil cause or matter is pending in a court of any country to which this Part applies and the competent officer of such court certifies that the evidence of a person resident or being in Botswana is required in such cause or matter and transmits such certificate to a magistrate having jurisdiction in the district in which such person resides or is, together with any interrogatories duly and lawfully framed which it is desired to put to such person, it shall be the duty of such magistrate upon receipt of-

     (a)     such certificate and interrogatories;

     (b)     the expenses payable to such person for his appearance as herein provided; and

     (c)     the amount payable in fees or stamps for the issue and service of the summons herein mentioned,

to summon such person to appear before him and upon such appearance to take the evidence of such person as if he were a witness in a civil case in his court and to put to such person the interrogatories together with any other questions calculated to obtain full and true answers to such interrogatories and to take down or cause to be taken down the evidence so obtained and to transmit the same certified as correct to the resident magistrate in whose court such civil cause or matter is pending.

            (2) It shall be the duty of the magistrate who has obtained the evidence mentioned in subsection (1) to transmit to the court in which the said cause or matter is pending a certificate showing the amount paid to the person in respect of the expenses of appearance and the cost of the issue and service of any summons.

 

8.       Penalty for failure to attend when summoned

 

            Any person required to appear before a court under section 7 shall be summoned in like manner and be liable to like penalties in the event of his non-attendance as if he had been summoned to give evidence before a magistrate's court.

 

9.       Evidence taken by means of interrogatories to be accepted in civil cases

 

            Whenever under any law in force in any country to which this Part applies the evidence of persons who reside or are in such country has been taken by means of interrogatories for the purpose of using the same in any civil cause or matter pending in a magistrate's court in Botswana such evidence if certified by the proper officer as having been taken in accordance with the law of such country shall (subject to all lawful objections) be received as evidence in such civil cause or matter.