Rule 34.28ZK Request under section 38(1) of the 1972 Act to the family courtF1

England and Wales

(1)

This rule applies where the family court receives from the Lord Chancellor a request under section 38(1) of the 1972 Act (taking evidence at the request of a court in a convention country) to take the evidence of any person.

(2)

Subject to paragraph (3)—

(a)

the evidence will be taken in the same manner as if the person concerned were a witness in family proceedings;

(b)

any oral evidence so taken will be put into writing and read to the person who gave it, who must sign the document; and

(c)

the judge who takes any such evidence of any person will certify at the foot of the document setting out the evidence of, or produced in evidence by, that person that such evidence was taken, or document received in evidence, as the case may be, by that judge.

(3)

Where the request referred to in section 38(2) of the 1972 Act includes a request that the evidence be taken in a particular manner, the court by which the evidence is taken will, so far as circumstances permit, comply with that request.

Annotations

Textual amendments

F1: Pt. 34 Ch. 2 Section 4 inserted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 124 (with rule 137); S.I. 2014/954, art. 2