PART 34F1WITNESSES, DEPOSITIONS AND EVIDENCE FOR FOREIGN COURTS
F2II—EVIDENCE FOR FOREIGN COURTS
Pt. 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
F3Application for order34.17
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.
Pt. 34 heading substituted (2.12.2002) by The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rules 1(b), 12(a)