• Chapter 4: Chapter 4: Applications to Obtain Evidence

    • 74. Application to the Courts for assistance in obtaining evidence for civil proceedings in another court

      Where an application is made to the Court of First Instance for an order for evidence to be obtained in the Abu Dhabi Global Market, and the Court is satisfied that —

      (a) the application is made in pursuance of a request issued by or on behalf of a court or tribunal (the "requesting court") exercising jurisdiction in any other part of the United Arab Emirates or in a jurisdiction outside the Abu Dhabi Global Market and the United Arab Emirates; and
      (b) the evidence to which the application relates is to be obtained for the purposes of civil proceedings which either have been instituted before the requesting court or whose institution before that court is contemplated,

      the Court of First Instance shall have the power conferred on it by sections 75 to 78.

    • 75. Power of the Courts to give effect to application for assistance

      (1) The Court of First Instance shall have the power, on any such application as is mentioned in section 74, to make by order such provision for obtaining evidence in the Abu Dhabi Global Market as may appear to the Court to be appropriate for the purpose of giving effect to the request in pursuance of which the application is made; and any such order may require a person specified therein to take such steps as the Court may consider appropriate for that purpose.
      (2) An order under this section, in particular, may make provision for —
      (a) the examination of witnesses, either orally or in writing;
      (b) the production of documents;
      (c) the inspection, photographing, recording, preservation, custody or detention of any property;
      (d) the taking of samples of any property and the carrying out of any experiment on or with any property.
      (3) An order under this section shall not require any particular steps to be taken unless they are steps which can be required to be taken by way of obtaining evidence for the purposes of civil proceedings in the requesting court; but this subsection shall not preclude the making of an order requiring a person to give testimony (either orally or in writing) otherwise than on oath where this is asked for by the requesting court.
      (4) An order under this section shall not require a person —
      (a) to state what documents, relevant to the proceedings to which the application for the order relates, are or have been in his possession, custody or power; or
      (b) to produce any documents other than particular documents specified in the order as being documents appearing to the Court of First Instance to be, or to be likely to be, in his possession, control, custody or power.
      (5) A person who, by virtue of an order under this section, is required to attend at any place shall be entitled to payment on account of expenses and loss of time as on attendance as a witness in proceedings before the Court of First Instance.

    • 76. Privilege of witnesses

      (1) A person shall not be compelled by virtue of an order under section 75 to give any evidence which he could not be compelled to give —
      (a) in civil proceedings in the part of the United Arab Emirates in which the court that made the order exercises jurisdiction; or
      (b) subject to subsection (2), in civil proceedings in the jurisdiction in which the requesting court exercises jurisdiction.
      (2) Subsection (1)(b) shall not apply unless the subject person's claim to be exempt from giving the evidence is either —
      (a) supported by a statement contained in the request (whether it is so supported unconditionally or subject to conditions that are fulfilled); or
      (b) conceded by the applicant for the order,
      and where such a claim by any person is not so supported or conceded, he may (subject to the other provisions of this section) be required to give the evidence to which the claim relates but that evidence shall not be transmitted to the requesting court if that court, on the matter being referred to it, upholds the claim.
      (3) In this section, references to giving evidence include references to answering any questions and to producing any document and the reference in subsection (2) to the transmission of evidence given by a person shall be construed accordingly.

    • 77. Extension of powers of the Court of First Instance in relation to obtaining evidence for proceedings in that court

      Section 40 shall have effect as if references to attendance at a trial included references to attendance before an examiner or commissioner appointed by the Court of First Instance or a Justice of First Instance in any cause or matter in that Court, including an examiner or commissioner appointed to take evidence outside the jurisdiction of the Court of First Instance.

    • 78. Court procedure rules

      Court procedure rules may make provision —

      (a) as to the manner in which any such application in section 74 is to be made;
      (b) subject to the provisions of this Part 5, as to the circumstances in which an order can be made under section 75; and
      (c) as to the manner in which any such reference as mentioned in section 76(2) is to be made,

      and any such court procedure rules may include such incidental, supplementary and consequential provision as the authority making them may consider necessary or expedient.