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Foreign Evidence Act 2002 [28 MIRC Ch.2]

MARSHALL ISLANDS

REVISED CODE 2012

TITLE 28

EVIDENCE

CHAPTER 2.

FOREIGN EVIDENCE

ARRANGEMENT OF SECTIONS

Section

§201. Short Title.
§202. Commencement.
§203. Purpose.
§204. Jurisdiction.
§205. Definitions.
§206. Application.
§207. Admissibility of requirement for testimony.
§208. Form of Testimony.
§209. Introduction of Foreign Material as Evidence.
§210. Proof of Service of Documents Abroad.
§211. Certificates relating to foreign material.
§212. Operation of other laws.

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An Act to provide for the manner and form in which evidence obtained from outside the Republic of the Marshall Islands under a request made by the Attorney-General under the Mutual Assistance in Criminal Matters Act of 2002, may be admissible in proceedings in the Republic of the Marshall Islands and for related purposes.

Commencement: November 11, 2002

Source: P.L. 2002-66

§201. Short title.

This Chapter shall be known and may be cited as the "Foreign Evidence Act, 2002". [P.L. 2002-66, §1.]

§202. Commencement.

This Chapter shall take effect on the date of certification in accordance with Article IV section 21 of the Constitution. [P.L. 2002-66, §2.]

§203. Purpose.

The purpose of this Chapter is to provide for the admissibility of evidence obtained from a foreign country, in civil and criminal proceedings in the Republic of the Marshall Islands. [P.L. 2002-66, §3.]

§204. Jurisdiction.

The provisions of this Chapter shall apply to the Republic of the Marshall Islands. [P.L. 2002-66, §4.]

§205. Definitions.

In this Chapter, unless the context otherwise requires:

(1) "Attorney-General" means the Attorney-General of the RMI

• (2) "authorized officer" means:
  

(a) the Attorney -General of the RMI;

(b) a person appointed by the Attorney-General, as an authorized officer for the purposes of this Chapter;

(3) "civil proceeding" means a proceeding other than a criminal proceeding;

• (4) "criminal proceeding" includes:
  

(a) a prosecution of an offense;

(b) a proceeding for the sentencing of a person convicted of an offense

(5) "foreign law" means a law (whether written or unwritten) of or in force in a foreign country;

• (6) "foreign country" means:

• (a) any country other than the RMI; and

• (b) every constituent part of such Country or county, including a territory, dependency, or protectorate, or political subdivision which administers its own laws relating to evidence

• (7) "foreign material " means;

• (a) the testimony of a person that:

• (i) was obtained as a result of a request of a kind referred to in section 407 of the Mutual Assistance in Criminal Matters Act of 2002, and

• (ii) complies with the requirements of section 207 of this Chapter .

• (b) any exhibit annexed to any such testimony;

• (c) any part of any such testimony or exhibit;

• (8) "related civil proceedings", in relation to a criminal proceeding, means any civil proceedings arising from the same subject matter from which the criminal proceeding arose;

• (9) "RMI" means the Republic of the Marshall Islands;

• (10) "RMI law" means a law of or in force in the RMI.

• (11) "High Court" means the High Court of the RMI . [P.L. 2002-66, §5.]
  

§206. Application.

This Chapter applies to:

(1) a proceeding before the High Court that is:

(a) a criminal proceeding under the law of the RMI; or

• (b) a related civil proceeding;
  

(2) testimony obtained as a result of a request made by or on behalf of the Attorney-General to a foreign State for the testimony of a person pursuant to the Mutual Assistance in Criminal Matters Act 2002; and

(3) any exhibit annexed to any such testimony. [P.L. 2002-66, §6.]

§207. Admissibility requirements for testimony.

(1) To be admissible under this Chapter, testimony must be taken before a court;

(a) on oath or affirmation; or

(b) under such caution or admonition as would be accepted by courts in the foreign country concerned, for the purposes of giving testimony in proceedings before those courts.

(2) The testimony may be taken in camera. [P.L. 2002-66, §7.]

§208. Form of testimony.

(1) The testimony may be recorded:

• (a) in writing;

• (b) on audio tape;

• (c) on video tape; or

• (d) by any other electronic or mechanical means

(2) The writing need not:

• (a) be in the form of an affidavit; or

• (b) constitute a transcript of a proceeding in a foreign court.

(3) The testimony must be endorsed with, or accompanied by, a certificate stating that:

• (a) it is an accurate record of the evidence given; and

• (b) it was taken in a manner specified in section 208.

(4) The certificate must:

(a) be signed or certified by a judge, magistrate or court officer of the foreign State to which the request was made; and

(b) bear an official or public seal of:

(I) the foreign country; or

(ii) an authority of the foreign country responsible for matters relating to justice, being a Secretary or Minister of State, a Department or Ministry of Government, or an officer in or of the Government. [P.L. 2002-66, §8.]

§209. Introduction of foreign material as evidence.

(1) Subject to subsection (2), foreign material may be introduced as evidence in a proceeding to which this Chapter applies.

(2) The foreign material will be excluded from evidence if:

• (a) it appears to the satisfaction of the court, at the hearing of the proceeding, that the person who gave the testimony concerned is present in the RMI and is able to testify at the hearing;

• (b) the evidence would not have been admissible had it been introduced by the person giving the testimony at the hearing in the RMI; or

• (c) it appears to the court that the interests of justice would not be served by admitting the evidence.

(3) Foreign material introduced under this Chapter shall not be excluded from evidence on the basis that such material is hearsay evidence under the Rules of Evidence in force in the RMI, if the court is satisfied as to the reliability and authenticity of the material.

(4) In reaching a decision pursuant to subsection (2)(c), the court shall take into account:

• (a) the extent to which the foreign material provides evidence that would not otherwise be available;

• (b) the probative value of the foreign material with respect to any issue that is likely to be determined in the proceeding;

• (c) the extent to which statements contained in the foreign material were subject, at the time they were made, to challenge by cross-examination of the persons who made them;

• (d) whether exclusion of the foreign material would cause undue expense or delay;

• (e) whether exclusion of the foreign material would unfairly prejudice:
  

(i) any party in the criminal proceeding; or

(ii) any party to related civil proceedings; and liability of the foreign material. [P.L. 2002-66, §9.]

§210. Proof of service of documents abroad.

The service of documents in a foreign country may be proved by affidavit of the person who served it. [P.L. 2002-66, §10.]

§211. Certificates relating to foreign material.

(1) An authorized officer may certify that specified foreign material was obtained as a result of a request made to a foreign country by or on behalf of the Attorney-General of the RMI.

(2) There shall be a rebuttable presumption that the foreign material specified in the certificate was obtained as a result of that request. [P.L. 2002-66, §11.]

§212. Operation of other laws.

This Chapter does not limit the ways in which a matter may be proved, or evidence may be introduced or admitted under any other law of the RMI or its political subdivisions. [P.L. 2002-66, §12.]