- Latest available (Revised)
- Point in Time (30/04/2024)
- Original (As made)
Point in time view as at 30/04/2024.
There are currently no known outstanding effects for the The Civil Procedure Rules 1998, PART 34.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Textual Amendments
F1Pt. 34 heading substituted (2.12.2002) by The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rules 1(b), 12(a)
Scope of this Part | Rule 34.1 |
Witness summonses | Rule 34.2 |
Issue of a witness summons | Rule 34.3 |
Witness summons in aid of inferior court or of tribunal | Rule 34.4 |
Time for serving a witness summons | Rule 34.5 |
Who is to serve a witness summons | Rule 34.6 |
Right of witness to travelling expenses and compensation for loss of time | Rule 34.7 |
[F2Fines imposed under section 55 of the County Courts Act 1984 | Rule 34.7A] |
Evidence by deposition | Rule 34.8 |
Conduct of examination | Rule 34.9 |
Enforcing attendance of witness | Rule 34.10 |
Use of deposition at a hearing | Rule 34.11 |
Restrictions on subsequent use of deposition taken for the purpose of any hearing except the trial | Rule 34.12 |
Where a person to be examined is out of the jurisdiction—letter of request | Rule 34.13 |
Fees and expenses of examiner | Rule 34.14 |
Examiners of the court | Rule 34.15 |
[F3II—EVIDENCE FOR FOREIGN COURTS | |
Interpretation | Rule 34.16 |
Application for order | Rule 34.17 |
Examination | Rule 34.18 |
Dealing with deposition | Rule 34.19 |
Claim to privilege | Rule 34.20 |
Order under 1975 Act as applied by Patents Act 1977 | Rule 34.21 ] |
F4. . . | |
F4. . . | F4. . . |
F4. . . | F4. . . |
F4. . . | F4. . . |
Textual Amendments
F2Words in Pt. 34 Table of Contents inserted (1.10.2020) by The Civil Procedure (Amendment No. 3) Rules 2020 (S.I. 2020/747), rules 1(1), 9(1)
F3Words in Pt. 34 Table of Contents inserted (2.12.2002) by The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rule 1(b), Sch. 2 Pt. 1
F4Words in Pt. 34 Table of Contents omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 12(2) (with reg. 23) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(f); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F5Pt. 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)
34.1—(1) This Section of this Part provides—
(a)for the circumstances in which a person may be required to attend court to give evidence or produce a document; and
(b)for a party to obtain evidence before a hearing to be used at the hearing.
(2) In this Section, reference to a hearing includes a reference to the trial.]
Textual Amendments
F6Rule 34.1 substituted (2.12.2002) by The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rules 1(b), 12(c)
34.2—(1) A witness summons is a document issued by the court requiring a witness to—
(a)attend court to give evidence; or
(b)produce documents to the court.
(2) A witness summons must be in the relevant practice form.
(3) There must be a separate witness summons for each witness.
(4) A witness summons may require a witness to produce documents to the court either—
(a)on the date fixed for a hearing; or
(b)on such date as the court may direct.
(5) The only documents that a summons under this rule can require a person to produce before a hearing are documents which that person could be required to produce at the hearing.
34.3—(1) A witness summons is issued on the date entered on the summons by the court.
(2) A party must obtain permission from the court where he wishes to—
(a)have a summons issued less than 7 days before the date of the trial;
(b)have a summons issued for a witness to attend court to give evidence or to produce documents on any date except the date fixed for the trial; or
(c)have a summons issued for a witness to attend court to give evidence or to produce documents at any hearing except the trial.
(3) A witness summons must be issued by—
(a)the court where the case is proceeding; or
(b)the court where the hearing in question will be held.
(4) The court may set aside(GL) or vary a witness summons issued under this rule.
34.4—(1) The court may issue a witness summons in aid of an inferior court or of a tribunal.
(2) The court which issued the witness summons under this rule may set it aside.
(3) In this rule, “inferior court or tribunal” means any court or tribunal that does not have power to issue a witness summons in relation to proceedings before it.
34.5—(1) The general rule is that a witness summons is binding if it is served at least 7 days before the date on which the witness is required to attend before the court or tribunal.
(2) The court may direct that a witness summons shall be binding although it will be served less than 7 days before the date on which the witness is required to attend before the court or tribunal.
(3) A witness summons which is—
(a)served in accordance with this rule; and
(b)requires the witness to attend court to give evidence,
is binding until the conclusion of the hearing at which the attendance of the witness is required.
34.6—(1) A witness summons is to be served by the court unless the party on whose behalf it is issued indicates in writing, when he asks the court to issue the summons, that he wishes to serve it himself.
(2) Where the court is to serve the witness summons, the party on whose behalf it is issued must deposit, in the court office, the money to be paid or offered to the witness under rule 34.7.
34.7 At the time of service of a witness summons the witness must be offered or paid—
(a)a sum reasonably sufficient to cover his expenses in travelling to and from the court; and
(b)such sum by way of compensation for loss of time as may be specified in [F7Practice Direction 34A].
Textual Amendments
F7Words in rule 34.7(b) substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 17
Commencement Information
34.7A. If a person has failed to comply with an order under section 55 of the County Courts Act 1984 but can demonstrate any reason why they should not be (or should not have been) fined for failure to comply with the order, the court may direct that that person give evidence by witness statement, affidavit or otherwise.
(Part 70 contains general rules about fines imposed under the County Courts Act 1984.)]
Textual Amendments
F8Rule 34.7A inserted (1.10.2020) by The Civil Procedure (Amendment No. 3) Rules 2020 (S.I. 2020/747), rules 1(1), 9(2)
34.8—(1) A party may apply for an order for a person to be examined before the hearing takes place.
(2) A person from whom evidence is to be obtained following an order under this rule is referred to as a “deponent” and the evidence is referred to as a “deposition”.
(3) An order under this rule shall be for a deponent to be examined on oath before—
(a)a judge;
(b)an examiner of the court; or
(c)such other person as the court appoints.
(Rule 34.15 makes provision for the appointment of examiners of the court)
(4) The order may require the production of any document which the court considers is necessary for the purposes of the examination.
(5) The order must state the date, time and place of the examination.
(6) At the time of service of the order the deponent must be offered or paid—
(a)a sum reasonably sufficient to cover his expenses in travelling to and from the place of examination; and
(b)such sum by way of compensation for loss of time as may be specified in [F9Practice Direction 34A].
(7) Where the court makes an order for a deposition to be taken, it may also order the party who obtained the order to serve a witness statement or witness summary in relation to the evidence to be given by the person to be examined.
(Part 32 contains the general rules about witness statements and witness summaries)
Textual Amendments
F9Words in rule 34.8(6)(b) substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 17
Commencement Information
34.9—(1) Subject to any directions contained in the order for examination, the examination must be conducted in the same way as if the witness were giving evidence at a trial.
(2) If all the parties are present, the examiner may conduct the examination of a person not named in the order for examination if all the parties and the person to be examined consent.
(3) The examiner may conduct the examination in private if he considers it appropriate to do so.
(4) The examiner must ensure that the evidence given by the witness is recorded in full.
(5) The examiner must send a copy of the deposition—
(a)to the person who obtained the order for the examination of the witness; and
(b)to the court where the case is proceeding.
(6) The party who obtained the order must send each of the other parties a copy of the deposition which he receives from the examiner.
34.10—(1) If a person served with an order to attend before an examiner—
(a)fails to attend; or
(b)refuses to be sworn for the purpose of the examination or to answer any lawful question or produce any document at the examination,
a certificate of his failure or refusal, signed by the examiner, must be filed by the party requiring the deposition.
(2) On the certificate being filed, the party requiring the deposition may apply to the court for an order requiring that person to attend or to be sworn or to answer any question or produce any document, as the case may be.
(3) An application for an order under this rule may be made without notice.
(4) The court may order the person against whom an order is made under this rule to pay any costs resulting from his failure or refusal.
Commencement Information
I9Rule 34.10 in force at 26.4.1999, see Signature
34.11—(1) A deposition ordered under rule 34.8 may be given in evidence at a hearing unless the court orders otherwise.
(2) A party intending to put in evidence a deposition at a hearing must serve notice of his intention to do so on every other party.
(3) He must serve the notice at least 21 days before the day fixed for the hearing.
(4) The court may require a deponent to attend the hearing and give evidence orally.
(5) Where a deposition is given in evidence at trial, it shall be treated as if it were a witness statement for the purposes of rule 32.13 (availability of witness statements for inspection).
Commencement Information
I10Rule 34.11 in force at 26.4.1999, see Signature
34.12—(1) Where the court orders a party to be examined about his or any other assets for the purpose of any hearing except the trial, the deposition may be used only for the purpose of the proceedings in which the order was made.
(2) However, it may be used for some other purpose—
(a)by the party who was examined;
(b)if the party who was examined agrees; or
(c)if the court gives permission.
Commencement Information
I11Rule 34.12 in force at 26.4.1999, see Signature
34.13—[F10(1) This rule applies where a party wishes to take a deposition from a person who is—
(a)out of the jurisdiction; F11...
F12(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1A) 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.]
(2) 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.
(3) The High Court may make an order under this rule in relation to [F13County Court] proceedings [F14and tribunal proceedings].
(4) If the government of [F15a] country F16... 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.
(5) 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.
(6) If the High Court makes an order for the issue of a letter of request, the party who sought the order must file [F17with the Foreign Process Section of the Central Office of the High Court in the Royal Courts of Justice]—
(a)the following documents and, except where paragraph (7) applies, a translation of them—
(i)a draft letter of request;
(ii)a statement of the issues relevant to the proceedings;
(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.
(7) 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.
Textual Amendments
F10Rule 34.13(1)(1A) substituted for rule 34.13(1) (1.1.2004) by The Civil Procedure (Amendment No. 4) Rules 2003 (S.I. 2003/2113), rules 1(a), 7
F11Word in rule 34.13(1)(a) omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 12(3)(a) (with reg. 23) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(f); 2020 c. 1, Sch. 5 para. 1(1)
F12Rule 34.13(1)(b) omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 12(3)(b) (with reg. 23) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(f); 2020 c. 1, Sch. 5 para. 1(1)
F13Words in Rules substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 4(a)(ii); S.I. 2014/954, art. 2(a)
F14Words in rule 34.13(3) inserted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 18(a)
F15Word in rule 34.13(4) substituted (26.4.1999) by The Civil Procedure (Amendment) Rules 1999 (S.I. 1999/1008), rules 1, 11(a)(i)
F16Words in rule 34.13(4) omitted (26.4.1999) by virtue of The Civil Procedure (Amendment) Rules 1999 (S.I. 1999/1008), rules 1, 11(a)(ii)
F17Words in rule 34.13(6) inserted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 18(b)
Commencement Information
I12Rule 34.13 in force at 26.4.1999, see Signature
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 isF19....]
Textual Amendments
F18Rule 34.13A inserted (1.2.2004) by The Civil Procedure (Amendment No. 5) Rules 2003 (S.I. 2003/3361), rules 1(a), 6
F19Words in rule 34.13A(3) omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 12(4) (with reg. 23) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(f); 2020 c. 1, Sch. 5 para. 1(1)
34.14—[F21(1) An examiner of the court may charge a fee for the examination.]
(2) He need not send the deposition to the court unless the fee is paid.
(3) The examiner’s fees and expenses must be paid by the party who obtained the order for examination.
(4) If the fees and expenses due to an examiner are not paid within a reasonable time, he may report that fact to the court.
(5) The court may order the party who obtained the order for examination to deposit in the court office a specified sum in respect of the examiner’s fees and, where it does so, the examiner will not be asked to act until the sum has been deposited.
(6) An order under this rule does not affect any decision as to the party who is ultimately to bear the costs of the examination.
Textual Amendments
F20Words in rule 34.14 heading inserted (26.4.1999) by The Civil Procedure (Amendment) Rules 1999 (S.I. 1999/1008), rules 1, 11(b)(i)
F21Rule 34.14(1) substituted (26.4.1999) by The Civil Procedure (Amendment) Rules 1999 (S.I. 1999/1008), rules 1, 11(b)(ii)
Commencement Information
I13Rule 34.14 in force at 26.4.1999, see Signature
34.15—(1) The Lord Chancellor shall appoint persons to be examiners of the court.
(2) The persons appointed shall be barristers or solicitor-advocates who have been practising for a period of not less than three years.
(3) The Lord Chancellor may revoke an appointment at any time.
Commencement Information
I14Rule 34.15 in force at 26.4.1999, see Signature
Textual Amendments
F22Pt. 34 Section 2 inserted (2.12.2002) by The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rule 1(b), Sch. 2 Pt. 2
34.16—(1) This Section applies to an application for an order under the 1975 Act for evidence to be obtainedF24....
(2) In this Section—
(a)“the 1975 Act” means the Evidence (Proceedings in Other Jurisdictions) Act 1975 [F25; and]
(b)[F26“the Hague Evidence Convention” means the Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters]]
Textual Amendments
F23Rule 34.16 substituted (1.1.2004) by The Civil Procedure (Amendment No. 4) Rules 2003 (S.I. 2003/2113), rules 1(a), 8
F24Words in rule 34.16(1) omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 12(5)(a) (with reg. 23) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(f); 2020 c. 1, Sch. 5 para. 1(1)
F25Words in rule 34.16(2)(a) inserted (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(3)(a)
F26Words in rule 34.16(2) inserted (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(3)(b)
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
F27Rule 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)
34.18—(1) The court may order an examination to be taken before—
(a)any fit and proper person nominated by the person applying for the order;
(b)an examiner of the court; or
(c)any other person whom the court considers suitable.
(2) Unless the court orders otherwise—
(a)the examination will be taken as provided by rule 34.9; and
(b)rule 34.10 applies.
(3) The court may make an order under rule 34.14 for payment of the fees and expenses of the examination.
34.19—(1) The examiner must send the deposition of the witness to the Senior Master unless the court orders otherwise.
(2) The Senior Master will—
(a)give a certificate sealed with the seal of the [F28Senior Courts] for use out of the jurisdiction identifying the following documents—
(i)the request;
(ii)the order of the court for examination; and
(iii)the deposition of the witness; and
(b)send the certificate and the documents referred to in paragraph (a) to—
(i)the Secretary of State; or
(ii)where the request was sent to the Senior Master by another person in accordance with a Civil Procedure Convention, to that other person,
for transmission to the court or tribunal requesting the examination.
Textual Amendments
F28Words in rule 34.19(2)(a) substituted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 4
34.20—(1) This rule applies where—
(a)a witness claims to be exempt from giving evidence on the ground specified in section 3(1)(b) of the 1975 Act; and
(b)that claim is not supported or conceded as referred to in section 3(2) of that Act.
(2) The examiner may require the witness to give the evidence which he claims to be exempt from giving.
(3) Where the examiner does not require the witness to give that evidence, the court may order the witness to do so.
(4) An application for an order under paragraph (3) may be made by the person who obtained the order under section 2 of the 1975 Act.
(5) Where such evidence is taken—
(a)it must be contained in a document separate from the remainder of the deposition;
(b)the examiner will send to the Senior Master—
(i)the deposition; and
(ii)a signed statement setting out the claim to be exempt and the ground on which it was made.
(6) On receipt of the statement referred to in paragraph (5)(b)(ii), the Senior Master will—
(a)retain the document containing the part of the witness’s evidence to which the claim to be exempt relates; and
(b)send the statement and a request to determine that claim to the foreign court or tribunal together with the documents referred to in rule 34.17.
(7) The Senior Master will—
(a)if the claim to be exempt is rejected by the foreign court or tribunal, send the document referred to in paragraph (5)(a) to that court or tribunal;
(b)if the claim is upheld, send the document to the witness; and
(c)in either case, notify the witness and person who obtained the order under section 2 of the foreign court or tribunal’s decision.
34.21 Where an order is made for the examination of witnesses under section 1 of the 1975 Act as applied by section 92 of the Patents Act 1977 the court may permit an officer of the European Patent Office to—
(a)attend the examination and examine the witnesses; or
(b)request the court or the examiner before whom the examination takes place to put specified questions to them.]
Textual Amendments
F29Pt. 34 Section 3 omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 12(6) (with reg. 23) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(f); 2020 c. 1, Sch. 5 para. 1(1)
F2934.22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2934.23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2934.24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.