Rule 34.11 Use of deposition at a hearingI1
England and Wales
A deposition ordered under rule 34.8 may be given in evidence at a hearing unless the court orders otherwise.
A party intending to put in evidence a deposition at a hearing must serve notice of his intention to do so on every other party.
He must serve the notice at least 21 days before the day fixed for the hearing.
The court may require a deponent to attend the hearing and give evidence orally.
Where a deposition is given in evidence at trial, it shall be treated as if it were a witness statement for the purposes of rule 32.13 (availability of witness statements for inspection).
Annotations
Commencement
- I1
Rule 34.11 in force at 26.4.1999, see Signature
Notes on Part 34
Textual amendments
- F1
Pt. 34 heading substituted (2.12.2002) by The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rules 1(b), 12(a)
- F2
Words in Pt. 34 Table of Contents inserted (1.10.2020) by The Civil Procedure (Amendment No. 3) Rules 2020 (S.I. 2020/747), rules 1(1), 9(1)
- F3
Words in Pt. 34 Table of Contents inserted (2.12.2002) by The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rule 1(b), Sch. 2 Pt. 1
- F4
Words in Pt. 34 Table of Contents omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 12(2) (with reg. 23) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(f); 2020 c. 1, Sch. 5 para. 1(1)
Notes on
Textual amendments
- F1
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)