PART 34F3WITNESSES, DEPOSITIONS AND EVIDENCE FOR FOREIGN COURTS

Annotations:
Amendments (Textual)

F4I WITNESSES AND DEPOSITIONS

Annotations:
Amendments (Textual)
F4

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

F51

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

If the government of F1a country F2... 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—

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.