[F1Application for orderE+W
34.17—(1) An application for an order under the 1975 Act for evidence to be obtained must be made to the High Court and may be made without notice.
(2) The application may be made either—
(a)by an application notice under Part 23, which must be—
(i)supported by written evidence; and
(ii)accompanied by the request as a result of which the application is made, and where appropriate, a translation of the request into English; or
(b)where—
(i)the requesting state is a party to the Hague Evidence Convention, by a Letter of Request using the Model Form published by the Permanent Bureau of the Hague Conference on Private International Law (which is annexed to Practice Direction 34A); or
(ii)the requesting state is not a party to the Hague Evidence Convention, by a Letter of Request submitted via the Foreign and Commonwealth Office.]
Textual Amendments
F1Rule 34.17 substituted (31.12.2020 immediately after the amendments made by S.I. 2019/521, reg. 12) by The Civil Procedure (Amendment No. 3) Rules 2020 (S.I. 2020/747), rules 1(2), 9(4)