Sri Lanka Consolidated Acts

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Maintenance Claims (Reciprocal Enforcement) Act (No. 54 of 1998) - Sect 11

Admissibility of evidence given in specified country

11.
(1) A statement contained in-
(a) a document, duly authenticated, which purports to set out or summarise evidence given in proceedings in a court in a specified country ; or
(b) a document, duly authenticated, which purports to set out or summarise evidence taken in such a country for the purpose of proceedings in any court in Sri Lanka, whether in response to a request made on behalf of such a court or otherwise; or
(c) a document, duly authenticated, which purports 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,
(2) A document purporting to set out or summarise evidence given as mentioned in subsection (1) (a) or taken as mentioned in subsection (1) (b), shall be 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 before whom the evidence was given or, as the case may be, by whom it was taken, to be the original document setting out or recording, or as the case may be, summarizing that evidence or a true copy of that document.
(3) A document purporting to have been received in evidence as mentioned in subsection (1) (c), or to be a copy of a document so received, shall be deemed to be duly authenticated for the purposes of that subsection, if the document purports to be certified by a Judge, Magistrate or officer of the court in question receiving such document to have been, or to be a true copy of a document which has been so received.
(4) It shall not be necessary in any such proceedings to prove the signature or official position of the person purporting to have given such certificate. (5) Nothing in this section shall affect the admission in evidence of any document which is admissible in evidence apart from this section.


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