Practice question
Assume the Hague Evidence Convention is in force between the relevant States and A.M.25-02-17-SC applies. A witness is unable to attend because of imprisonment. The court makes the required finding, the opposing party had due notice of taking, and other admissibility conditions are satisfied. Counsel claims only death or foreign location can permit paragraph(c) use. Which is correct?
- Imprisonment is expressly included among inability-to-attend grounds
- Only death qualifies
- Only foreign residence qualifies
- Only the witness’s nationality matters
- Only the number of pages matters
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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