3.2.2 Evidence taken by a competent court 

The competent department will, if necessary, request that a competent court take evidence, where appropriate under oath, where:

(i)the taking of evidence by that department would entail disproportionately high travelling costs or the taking of evidence by the competent court appears to be appropriate on other grounds 

(ii)the competent department considers it advisable for the evidence of a party, witness or expert it has heard to be re-examined under oath or in an equally binding form (see E‑IV, 3.2.1)

(iii)there has been no reply to the summons by the expiry of a period fixed by the competent department in the summons (see E‑IV, 1.5(iii)) or

(iv)a party, witness or expert who has been summoned before the competent department asks it to allow their evidence to be heard by a competent court in their country of residence (as described in E‑IV, 1.5(iii)). If the party, witness or expert simply refuses to be heard by the competent department, they are notified that the competent national court will have the means available under national law for obliging them to appear and to testify.