GL E IV 3.2.2 Evidence taken by a competent court

The competent department will, if necessary, request a competent court to take evidence, where appropriate under oath, where:[Rule 120(3); ]

(i)the taking of evidence by that department would entail disproportionately high travelling costs or the taking of evidence by the competent court appears to be appropriate on other grounds;

(ii)the competent department considers it advisable for the evidence of a party, witness or expert it has heard to be re-examined under oath or in an equally binding form (see E‑IV, 3.2.1);[Rule 120(2); ]

(iii)there has been no reply to the summons by the expiry of a period fixed by the competent department in the summons (see E‑IV, 1.5(iii)); or[Rule 120(1); ]

(iv)any party, witness or expert who has been summoned before that department requests the latter in accordance with E‑IV, 1.5(iii), to allow their evidence to be heard by a competent court in their country of residence. If the party, witness or expert simply refuses to be heard by the responsible division, they are notified that the competent national court will have the relevant national legal possibilities to oblige them to appear and to testify.[Rule 120(1); Rule 150(3); ]

Source: http://www.epo.org/law-practice/legal-texts/html/guidelines/e/e_iv_3_2_2.htm

Date retrieved: 17 May 2021