The Family Procedure Rules 2010

Where a person to be examined is out of the jurisdiction – letter of request E+W

24.12.—(1) This rule applies where a party wishes to take a deposition from a person [F1 out of the jurisdiction].

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

(3) A letter of request is a request to a judicial authority to take the evidence of that person, or arrange for it to be taken.

(4) The High Court may make an order under this rule in relation to [F2 family court] proceedings.

(5) If the government of a country allows a person appointed by the High Court to examine a person in that country, the High Court may make an order appointing a special examiner for that purpose.

(6) A person may be examined under this rule on oath or affirmation or in accordance with any procedure permitted in the country in which the examination is to take place.

(7) If the High Court makes an order for the issue of a letter of request, the party who sought the order must file—

(a) the following documents and, except where paragraph (8) applies, a translation of them—

(i) a draft letter of request;

(ii) a statement of the issues relevant to the proceedings; and

(iii) a list of questions or the subject matter of questions to be put to the person to be examined; and

(b) an undertaking to be responsible for the Secretary of State's expenses.

(8) There is no need to file a translation if—

(a) English is one of the official languages of the country where the examination is to take place; or

(b) a practice direction has specified that country as a country where no translation is necessary.

(F3 ... )

Textual Amendments

F1 Words in rule 24.12(1) substituted (31.12.2020) by The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/517), regs. 1(1), 16(4)(a) (with reg. 25) (as amended by S.I. 2020/1493, regs. 1(1), 8(2)(d)); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in rule 24.12(4) substituted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 70 (with rule 137); S.I. 2014/954, art. 2

F3 Words in rule 24.12 omitted (31.12.2020) by virtue of The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/517), regs. 1(1), 16(4)(b) (with reg. 25) (as amended by S.I. 2020/1493, regs. 1(1), 8(2)(d)); 2020 c. 1, Sch. 5 para. 1(1)