PART 34F3WITNESSES, DEPOSITIONS AND EVIDENCE FOR FOREIGN COURTS
F4I WITNESSES AND DEPOSITIONS
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)
Where a person to be examined is out of the jurisdiction—letter of requestI134.13
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This rule applies where a party wishes to take a deposition from a person who is—
a
out of the jurisdiction; and
b
not in a Regulation State within the meaning of Section III of this Part.
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 county court proceedings.
4
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—
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.
Pt. 34 heading substituted (2.12.2002) by The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rules 1(b), 12(a)