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In conclusion, unlike English law, the British Virgin Islands Evidence Act 2006 provides for an express mechanism as to the factors which a court is required to assess in order to decide whether illegally obtained evidence should be admitted.
To oppose a motion, you must prepare an affidavit or affirmation. You will title your submission as appropriate, for example: plaintiff s opposition to defendant's motion to dismiss or for summary judgment. A form is attached to these instructions. DO NOT USE THIS FORM AS YOUR AFFIDAVIT OR AFFIRMATION.
For example, a motion to preclude asks the court to ban the testimony or evidence from being used in the case.
The admission of evidence at trial is governed by the Evidence Act 2006, Parts 29?33 of the Civil Procedure Rules, and the common law. As noted in 5.5 Legal Privilege, legal privilege is recognised in the BVI. Legally privileged documents are generally not admissible at trial.
Decisions. If the motion or OSC can't be settled, the Judge will make a decision. Sometimes, the Judge makes a decision right away. If not, the Judge has 60 days by law to decide the motion.
Current legislation is published in the Government of the Virgin Islands Official Gazette.
The British Virgin Islands acceded to the Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents in the year 1965.
The British Virgin Islands is a common law jurisdiction, although British Virgin Islands law and procedure differs to a great degree from English law because of local statutes, orders and civil procedure rules.