PART 16WITNESSES, DEPOSITIONS AND EVIDENCE FOR FOREIGN COURTS
SECTION 1WITNESSES AND DEPOSITIONS
Where a person to be examined is out of the jurisdiction – letter of request150
1
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 2 of this Part.
2
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.
3
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.
4
The High Court may make an order under this rule in relation to county court proceedings.
5
If the government of a country 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.
6
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.
7
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, subject to paragraph (8), a translation of them,—
i
a draft letter of request;
ii
a statement of the issues relevant to the proceedings; and
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.
8
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.