Practice question
Assume the Hague Evidence Convention is in force between the relevant States and A.M.25-02-17-SC applies. The person examined is alive, in the Philippines and reasonably able to testify. The offeror relies solely on exceptional circumstances under Section18(c)(v), but makes no application or notice and asks the court to ignore the importance of oral courtroom testimony. Which is correct?
- The stated route requires application, notice and the specified judicial assessment
- Exceptional circumstances may always be declared by counsel alone
- Live availability is categorically irrelevant to all assessment
- No application is ever needed
- Every foreign transcript automatically replaces oral testimony
Legal references
- AM25-02-17-SC, March4,2025, Sections1–2,18–20,32–33; applicability conditional on Convention entry into force between relevant States: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/11/98634
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