Example sentences of "evidence [be] to be " in BNC.
Next page| No | Sentence |
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| 1 | It would be necessary , if the evidence were to be admitted under that doctrine , that the three conditions laid down in Ladd v. Marshall should be fulfilled . |
| 2 | It is in the American continent , however , that the most complete evidence is to be found . |
| 3 | If the process of taking evidence abroad is to serve its purpose , the evidence must be in a form which makes it admissible and gives it proper weight in the proceedings for which it was prepared , and this requires the authorities of the country in which the evidence is to be taken to show considerable flexibility in allowing , and it may be operating , modes of procedure which are quite unfamiliar . |
| 4 | The latter invokes international judicial assistance in that it requires the active involvement of the judicial authorities of the State in which the evidence is to be taken . |
| 5 | Nothing is said about cross-examination , not even a request for the facility to be afforded if it would be compatible with foreign procedures ; no detail is given as to the manner in which the evidence is to be ‘ reduced into writing ’ , so that , for example , no preference is expressed for a verbatim transcript rather than a summary minute prepared by the foreign judge . |
| 6 | If , under the law of the requesting authority , the evidence is to be given on oath or any special form is to be used , this should be included , along with any special procedure to be followed under Article 9 . |
| 7 | However , even the exercise of this right may , by the declaration of the Contacting State in which the evidence is to be taken , be made subject to the permission of the appropriate authority designated by that State . |
| 8 | In giving permission for diplomats , consuls , or commissioners to take evidence under Articles 15–17 , or in granting measures of compulsion , the competent authority of the State in which the evidence is to be taken may prescribe such conditions as it deems fit , including the time and place of the taking of evidence and the giving of reasonable advance notice of hearing . |
| 9 | A request to a person to appear or to give evidence must be in the language of the place where the evidence is to be taken , unless the witness is a national of the requesting State . |
| 10 | Mr. David Pannick , appearing for the applicants , submitted that the language of section 9(4) focused not on the historic question of how the relevant information was acquired by the intended witness , but upon the contemporaneous question of the capacity in which the evidence is to be given . |
| 11 | This is no doubt a matter which the magistrate should take into account when considering whether a witness 's evidence is to be rejected as worthless ; and I have no doubt that in the present case the magistrate did take it into account , together with the fact that Price had retracted his earlier evidence implicating the applicant , when deciding whether to make an order for committal . |
| 12 | Even in Palestine , where the Persians had been good rulers , there had been troubles , if our confused evidence is to be trusted at all ( c . |
| 13 | ‘ Anyway , ’ said Pooley , ‘ if her evidence is to be believed , and I ca n't think of any reason why it should n't be , the lamp was quite safe at two-thirty that afternoon . |
| 14 | On an application to strike out , no evidence is to be tendered . |
| 15 | Not as well , either , if last week 's evidence is to be believed — they lacked pace and invention , though had an abundance of straight runners with the habitual powerful frames , so Scotland will be stretched . |
| 16 | insofar as consular conventions between the two States permitted , or if the State in which the evidence was to be taken did not object . |
| 17 | The court and the court clerk accepted that if evidence was to be called and witnesses cross-examined , then the hearing was , in effect , a trial , and that two justices would be necessary . |
| 18 | By a notice of appeal dated 23 April 1992 the Treasury Solicitor appealed on the grounds that ( 1 ) on a true construction of the Evidence ( Proceedings in Other Jurisdictions ) Act 1975 the court was precluded from making the order for examination ; ( 2 ) the deputy judge had erred in law in making the order and in holding that ( i ) it was possible to interpret section 9(4) of the Act so as not to preclude the order sought , ( ii ) the exclusion contained in section 9(4) was restricted to cases where the actual capacity in which the witness was called on to give evidence was a Crown capacity and that the fact that the evidence sought was acquired in the course of the witness 's employment as a servant of the Crown was not of itself sufficient to bring the case within the exclusion , ( iii ) the fact that the witness was now retired from his position was relevant to the question whether the exclusion in section 9(4) applied , ( iv ) if some other interpretation were possible , it would be unacceptable to approach section 9(4) as requiring the court to refuse to make the order that a witness who was competent and compellable within the United Kingdom should give evidence for foreign proceedings , ( v ) there was nothing in the material sought to be given in evidence which it could have been the policy or intention of the Act to have prevented being explored ; ( 3 ) the deputy judge had erred in law in approaching the question of capacity by concentrating on the position of the witness at the time that the evidence was to be given as opposed to the position of the witness at the time that he acquired the information which was the subject matter of the evidence and the nature content and source of such evidence ; ( 4 ) the judge had wrongly ignored the fact that the Crown as a party to the Hague Convention was in a position to give effect to it and to provide evidence to foreign courts in accordance with it without recourse to the court ; and ( 5 ) the judge had wrongly approached section 9(4) on the footing that it most likely addressed prejudice to the sovereignty of the state . |
| 19 | Repetition of evidence was to be avoided , said Mr Graham , although objectors were worried the full weight of opposition to the pylons would not be reflected . |