The Civil Procedure Rules 1998 No. 3132 (L. 17)

PART 34 E+W [F1 WITNESSES, DEPOSITIONS AND EVIDENCE FOR FOREIGN COURTS]

Textual Amendments

F1 Pt. 34 heading substituted (2.12.2002) by The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rules 1(b), 12(a)

[F2 I WITNESSES AND DEPOSITIONS] E+W

Textual Amendments

F2 Pt. 34 Section 1 heading inserted (2.12.2002) by virtue of The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rules 1(b), 12(c)

[F3 Letter of request – Proceeds of Crime Act 2002 E+W

34.13A.— (1) This rule applies where a party to existing or contemplated proceedings in—

(a) the High Court; or

(b) a magistrates' court,

under Part 5 of the Proceeds of Crime Act 2002 (civil recovery of the proceeds etc. of unlawful conduct) wishes to take a deposition from a person who is out of the jurisdiction.

(2) The High Court may, on the application of such a party, order the issue of a letter of request to the judicial authorities of the country in which the proposed deponent is.

(3) Paragraphs (4) to (7) of rule 34.13 shall apply irrespective of where the proposed deponent is, and rule 34.23 shall not apply in cases where the proposed deponent is in a Regulation State within the meaning of Section III of this Part.]

Textual Amendments

F3 Rule 34.13A inserted (1.2.2004) by The Civil Procedure (Amendment No. 5) Rules 2003 (S.I. 2003/3361), rules 1(a), 6