It is possible for evidence to be taken by videoconference in the courts of Ireland either with the participation of a court in another Member State or directly by a court of that Member State. Procedures include High Court Practice Direction “HC45 - Use of video conferencing link for taking evidence in civil cases.”
There are no restrictions of the kind suggested on the type of person who can be examined.
There are no restrictions on the type of evidence that can be obtained.
There are no restrictions, subject to the acquiescence of the judge.
There is a facility to record videoconference hearings in Ireland. Access to such a recording would have to be ordered by the court.
The hearing should be conducted in English or Irish if conducted in Ireland. However, in the case of a hearing outside Ireland there are no restrictions as to language.
If the court is in Ireland the interpreter will be provided by the court authorities in Ireland if the matter relates to a Family Law or criminal matter. In a civil matter it is the responsibility of the parties to arrange interpretation.
If the requesting court cannot understand English or Irish it is the responsibility of that court to provide for its own interpretation.
There are no restrictions on where the interpreter should be located.
All arrangements will be agreed between the two courts. Testing prior to the court is recommended to ensure the link operates adequately.
Costs will vary depending on a number of circumstances including the place of the videoconference (i.e. whether it is a court or another premises); the time of the hearing (i.e. if it is out of normal court hours staff will be required to stay longer); whether any special procedures are required; and whether any costs arise through the use of the equipment. The requested court will inform the requesting court of the costs. Payment should be made in Euro.
It is a matter for the requesting court to inform the witness.
It is for the court to satisfy itself as to the identity of the person being examined.
The oath should be made under the normal procedures for courts in Ireland.
This is a matter to be agreed between the two courts.
None except if there are any special requests (e.g. sign language, wheelchair access, special religious requirements for the oath etc.).
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