C-25.1 - Code of Penal Procedure

Section 58 Disposition versions

1990-10-01

58. To be admissible in evidence, a deposition received by a commissioner must be supported by an affidavit or oral evidence attesting

(1)  that the witness was outside Québec or was unable to attend to testify because of his state of health;

(2)  that the deposition of the witness was received in accordance with this division and signed by the commissioner;

(3)  that the provisions set out in the order to enable the parties to be present or to be represented were complied with;

(4)  that the adverse party was given reasonable notice of the time when the deposition was to be received;

(5)  that the adverse party was given the opportunity to cross-examine the witness.

1987, c. 96, a. 58.