{
  "url": "https://openlegislation.uk/county-court-rules-northern-ireland-1981/part-24/chapter-1/rule-20",
  "json_url": "https://openlegislation.uk/county-court-rules-northern-ireland-1981/part-24/chapter-1/rule-20.json",
  "legislation": "nisr/1981/225",
  "legislation_title": "County Court Rules (Northern Ireland) 1981",
  "legislation_url": "https://openlegislation.uk/county-court-rules-northern-ireland-1981",
  "path": "part/24/chapter/1/rule/20",
  "kind": "rule",
  "number": "20",
  "heading": "Order for examination of witnesses out of court",
  "text": "(1) [ The judge or district judge as the case may be] may, at any stage of any proceedings, make an order for the examination on oath of any person (in this Rule called “the witness”) at any place in Northern Ireland.\n(2) The examination may be ordered to take place before—\n(a) any officer of the court making the order; or\n(b) the [ district judge] or chief clerk ...; or\n(c) in special circumstances such other person as [ the judge or district judge as the case may be] may appoint.\n(3) The order may require the attendance of the witness—\n(a) for examination; or\n(b) to produce any document which he could be compelled to produce at the hearing of the proceedings.\n(4) The order shall be in Form 116 and shall be served on the witness personally a reasonable time before the day fixed for the examination and at the same time there shall be paid or tendered to the witness the sums prescribed by Rule 9(7).\n(5) The party on whose application the order was made shall furnish to the person taking the examination (in this Rule called “the examiner”) copies of all documents necessary to inform the examiner of the questions in issue between the parties.\n(6) The parties shall be at liberty to attend the examination with or without counsel or solicitors.\n(7) The examiner may administer an oath to the witness who may be examined, cross-examined and re-examined as at the hearing of an action.\n(8) The deposition shall be taken down in writing—\n(a) by or in the presence of the examiner; and\n(b) by question and answer.\n(9) The examiner may put any question to the witness as to the meaning of any answer or as to any matter arising in the course of the examination.\n(10) The examiner shall not have power to decide upon the materiality or relevancy of any question but, if a question is objected to, he shall take down the question and the answer thereto and make a note of the objection on the deposition.\n(11) if the witness objects to any question put to him before an examiner, the question and the objection shall be taken down by the examiner and the validity of the question shall be decided by [ the judge or district judge as the case may be].\n(12) If the witness refuses—\n(a) to attend; or\n(b) to be sworn; or\n(c) to answer any lawful question; or\n(d) to produce any document;\na certificate of such refusal shall be made and signed by the examiner and filed in the Office, and the party requiring the attendance of the witness may apply to [ the judge or district judge as the case may be] for an order directing the witness—\n(i) to attend; or\n(ii) to be sworn; or\n(iii) to answer any question; or\n(iv) to produce any document;\nas the case may be, and [ the judge or district judge as the case may be] may thereupon make such order as he thinks fit.\n(13) The examiner may, and if need be shall, make a special report to [ the judge or district judge as the case may be] touching the examination and the conduct or absence of the witness, and [ the judge or district judge as the case may be] may thereupon direct such proceedings or make such order as he thinks fit.\n(14) When the examination of the witness has been concluded, the deposition shall be read over to the witness and shall be signed by him in the presence of such of the parties or their representatives as may attend, and shall be signed by the examiner and filed in, the Office.\n(15) If the witness refuses to sign the deposition, the examiner shall make a note of the refusal on the deposition, and the deposition shall be admissible in evidence notwithstanding that it is not signed by the witness.\n(16) The deposition shall not be admitted in evidence at the hearing unless—\n(a) the witness is dead or out of Northern Ireland or unable from sickness or other infirmity to attend the court; or\n(b) the parties consent to its being admitted; or\n(c) [ the judge or district judge as the case may be] directs it to be put in;\nbut, subject as aforesaid, the deposition shall be admissible in evidence, saving all just exceptions, without proof of the signature of the examiner.\n(17) Costs, fees and expenses pursuant to an order under this Rule shall be in the discretion of [ the judge or district judge as the case may be] and shall be of such amount and payable by such party as [ the judge or district judge as the case may be] shall determine.",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in Order 24 rule 20(2)(b) omitted (31.10.2016) by virtue of The County Court (Amendment) Rules (Northern Ireland) 2016 (S.R. 2016/302), rules 1, 3(6)(b); S.R. 2016/387, art. 2"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "Words amended by S.R. 2013 No. 19 with effect from 25.02.13"
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "To be construed as such by S.R. 1991 No. 230 with effect from 28.06.91"
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "Words amended by S.R. 2013 No. 19 with effect from 25.02.13"
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "Words amended by S.R. 2013 No. 19 with effect from 25.02.13"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/1981/225/part/24/chapter/1/rule/20",
    "retrieved_at": "2026-10-29T03:45:17.527867+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}