Rule 34.28ZL Request under section 38(1) of the 1972 Act to the officer of the courtF1

England and Wales

(1)

This rule applies where an officer of the court receives from the Lord Chancellor a request under section 38(1) of the 1972 Act to take the evidence of any person.

(2)

Subject to paragraph (3)—

(a)

the person whose evidence is to be taken will be examined on oath by or before a F2justices’ legal adviser or any other court officer determined by the Lord Chancellor;

(b)

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

(c)

the justices’ legal adviser or other officer will certify at the foot of the document setting out the evidence of, or produced by, that person, that such evidence was taken, or document received in evidence, as the case may be, by that justices’ legal adviser or other officer.

(3)

Where the request referred to in section 38(1) of the 1972 Act includes a request that the evidence be taken in a particular manner, the justices’ legal adviser or other officer by whom the evidence is taken will, so far as circumstances permit, comply with that request.

(4)

For the purposes of this rule, the justices’ legal adviser or other officer has the same power to administer oaths as a single justice of the peace.

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
F2: Words in rule 34.28ZL substituted (6.4.2020) by The Family Procedure (Amendment) Rules 2020 (S.I. 2020/135), rules 1, 29