PART 34WITNESSES, DEPOSITIONS AND EVIDENCE FOR FOREIGN COURTS

F1III TAKING OF EVIDENCE—MEMBER STATES OF THE EUROPEAN UNION

Evidence for courts of other Regulation States34.24

(1)

This rule applies where a court in another Regulation State (“the requesting court”) issues a request for evidence to be taken from a person who is in the jurisdiction.

(2)

An application for an order for evidence to be taken—

(a)

must be made to a designated court;

(b)

must be accompanied by—

(i)

the form of request for the taking of evidence as a result of which the application is made; and

(ii)

where appropriate, a translation of the form of request; and

(c)

may be made without notice.

(3)

Rule 34.18(1) and (2) apply.

(4)

The examiner must send—

(a)

the deposition to the court for transmission to the requesting court; and

(b)

a copy of the deposition to the person who obtained the order for evidence to be taken.