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28 1994



Provisions Common to Reciprocating and Designated Jurisdictions

Obtaining information on debtor.

20. —(1) The Central Authority may, for the purposes of obtaining any information that is necessary or expedient for the performance of its functions, require any holder of a public office or body financed wholly or partly by means of moneys provided by the Oireachtas to provide it with any information in the possession or procurement of the holder or body as to the whereabouts, place of work, or location and extent of the assets, of a maintenance debtor (within the meaning of the Act of 1988) or respondent and the holder or body shall, as soon as practicable, comply with the requirement.

(2) If the District Court, on application to it by the Central Authority, is of opinion that any person or body (not being a person or body mentioned in subsection (1)) is likely to have information as to the matters referred to in that subsection and that the Central Authority requires the information for the purposes so referred to, the Court may order that person or body to provide it to the Central Authority within such period as may be specified in the order.

(3) The jurisdiction conferred on the District Court by subsection (2) may be exercised by the judge of the District Court for the time being assigned to the district court district in which the person or body to whom the order sought is to be directed resides or carries on any profession, business or occupation.

Evidence in proceedings.

21. —(1) Subject to subsection (4), in any proceedings under Part II or III , unless the court sees good reason to the contrary, a document—

(a) purporting to be signed by a judge, magistrate or officer of a court in a reciprocating jurisdiction or designated jurisdiction and to be a statement of arrears under an order of that court for the recovery of maintenance, or

(b) purporting to be—

(i) a tax assessment or other statement or certificate relating to tax,

(ii) a statement or certificate of earnings,

(iii) a medical certificate,

(iv) a statement or certificate that a person was employed or was unemployed for a specified period,

(v) a letter written by a party to maintenance proceedings who is residing in a reciprocating jurisdiction or designated jurisdiction,

(vi) an affidavit or other document made or signed by such a party, or a witness, residing in such a jurisdiction,

(vii) a document establishing a marital relationship between parties to such proceedings or a relationship between the parties, or one of the parties, and a child for whom maintenance is sought in the proceedings, or

(viii) a document establishing that a person or body is entitled to exercise, under the law of the state in which that party resides, the rights of the party seeking maintenance,

may, unless the contrary is proved, be admitted as evidence that it is such a document and as evidence of any matter to which it relates subject to such authentication, if any, as the court may require.

(2) A document purporting to be—

(a) a translation of a document mentioned in subsection (1) or in section 8 or 16 , and

(b) certified as correct by a person competent to do so,

may be admitted as evidence of any matter to which it relates.

(3) (a) Where a document is admissible in evidence by virtue of subsection (1) or of section 8 or 16 , it may be given in evidence, whether or not the document is still in existence, by producing a copy of the document, or of the material part of it, authenticated in such manner as the court may approve.

(b) It is immaterial for the purposes of paragraph (a) how many removes there are between the copy and the original or by what means (which may include facsimile transmission) the copy produced or any intermediate copy was made.

(4) In estimating in the weight (if any) to be attached to a statement in a document admitted in evidence by virtue of subsection (1) or of section 8 or 16 , regard shall be had to any other evidence available to the court and to any circumstances from which any inference can reasonably be drawn as to the accuracy or otherwise of the statement, including (except in the case of a court order or a certificate or other document prepared by or on behalf of a court or public authority) the question whether the maker of the statement had any incentive to conceal or misrepresent facts and whether or not it was made on oath.