Rule 34.20 Taking of evidence for court in reciprocating country

(1)

This rule applies where a request is made by or on behalf of a court in a reciprocating country for the taking of evidence for the purpose of proceedings relating to a maintenance order to which Part 1 of the 1972 Act applies. (Section 14 of the 1972 M1 Act makes provision for the taking of evidence needed for the purpose of certain proceedings.)

(2)

The High Court has power to take the evidence where—

(a)

the request for evidence relates to a maintenance order made by a superior court in the United Kingdom; and

(b)

the witness resides in England and Wales.

F1(3)

The family court has power to take evidence where—

(a)

the request for evidence relates to a maintenance order—

(i)

made by the family court; or

(ii)

registered in the family court; or

(b)

the Lord Chancellor sends to the family court a request to take evidence.

(Practice Direction 34E makes further provision on this matter)

(6)

The evidence is to be taken in accordance with Part 22.

Annotations

Textual amendments

F1: Rule 34.20(3) substituted for rule 34.20(3)-(5) (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 117 (with rule 137); S.I. 2014/954, art. 2

Marginal citations

M1: Section 14 was amended by article 14(1) of and paragraph 22 of Schedule 5 to the Northern Ireland (Modification of Enactments – No 1) Order 1973 (S.I. 1973/2163) and section 154 of and paragraph 105 of Schedule 7 to the Magistrates' Courts Act 1980 and article 170(2) of and paragraph 21 of Schedule 6 to the Magistrates' Courts (Northern Ireland) Order 1981.