Rule 34.13 Where a person to be examined is out of the jurisdiction—letter of requestI1

England and Wales

F1(1)

This rule applies where a party wishes to take a deposition from a person who is—

(a)

out of the jurisdiction; F2...

F3(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1A)

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.

(2)

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.

(3)

The High Court may make an order under this rule in relation to F4County Court proceedings F5and tribunal proceedings.

(4)

If the government of F6a country F7... 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.

(5)

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.

(6)

If the High Court makes an order for the issue of a letter of request, the party who sought the order must file F8with the Foreign Process Section of the Central Office of the High Court in the Royal Courts of Justice—

(a)

the following documents and, except where paragraph (7) applies, a translation of them—

(i)

a draft letter of request;

(ii)

a statement of the issues relevant to the proceedings;

(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.

(7)

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.

Annotations

Textual amendments

F1: Rule 34.13(1)(1A) substituted for rule 34.13(1) (1.1.2004) by The Civil Procedure (Amendment No. 4) Rules 2003 (S.I. 2003/2113), rules 1(a), 7
F2: Word in rule 34.13(1)(a) 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(3)(a) (with reg. 23) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(f); 2020 c. 1, Sch. 5 para. 1(1)
F3: Rule 34.13(1)(b) 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(3)(b) (with reg. 23) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(f); 2020 c. 1, Sch. 5 para. 1(1)
F4: Words in Rules substituted (22.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rules 2(1), 4(a)(iii); S.I. 2014/954, art. 2(a)
F5: Words in rule 34.13(3) inserted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 18(a)
F6: Word in rule 34.13(4) substituted (26.4.1999) by The Civil Procedure (Amendment) Rules 1999 (S.I. 1999/1008), rules 1, 11(a)(i)
F7: Words in rule 34.13(4) omitted (26.4.1999) by virtue of The Civil Procedure (Amendment) Rules 1999 (S.I. 1999/1008), rules 1, 11(a)(ii)
F8: Words in rule 34.13(6) inserted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 18(b)

Commencement

I1: Rule 34.13 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)