PART 34F1WITNESSES, DEPOSITIONS AND EVIDENCE FOR FOREIGN COURTS

Annotations:
Amendments (Textual)

F2II—EVIDENCE FOR FOREIGN COURTS

Annotations:
Amendments (Textual)

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.