Rule 34.17 Application for orderF1
An application for an order under the 1975 Act for evidence to be obtained must be made to the High Court and may be made without notice.
The application may be made either—
by an application notice under Part 23, which must be—
supported by written evidence; and
accompanied by the request as a result of which the application is made, and where appropriate, a translation of the request into English; or
where—
the requesting state is a party to the Hague Evidence Convention, by a Letter of Request using the Model Form published by the Permanent Bureau of the Hague Conference on Private International Law (which is annexed to Practice Direction 34A); or
the requesting state is not a party to the Hague Evidence Convention, by a Letter of Request submitted via the Foreign and Commonwealth Office.
Annotations
Textual amendments
- F1
Rule 34.17 substituted (31.12.2020 immediately after the amendments made by S.I. 2019/521, reg. 12) by The Civil Procedure (Amendment No. 3) Rules 2020 (S.I. 2020/747), rules 1(2), 9(4)
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 2 inserted (2.12.2002) by The Civil Procedure (Amendment) Rules 2002 (S.I. 2002/2058), rule 1(b), Sch. 2 Pt. 2