PART 34F1WITNESSES, DEPOSITIONS AND EVIDENCE FOR FOREIGN COURTS
F2I 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)
Conduct of examinationI134.9
1
Subject to any directions contained in the order for examination, the examination must be conducted in the same way as if the witness were giving evidence at a trial.
2
If all the parties are present, the examiner may conduct the examination of a person not named in the order for examination if all the parties and the person to be examined consent.
3
The examiner may conduct the examination in private if he considers it appropriate to do so.
4
The examiner must ensure that the evidence given by the witness is recorded in full.
5
The examiner must send a copy of the deposition—
a
to the person who obtained the order for the examination of the witness; and
b
to the court where the case is proceeding.
6
The party who obtained the order must send each of the other parties a copy of the deposition which he receives from the examiner.
Pt. 34 heading substituted (2.12.2002) by The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rules 1(b), 12(a)