# The Family Procedure Rules 2010, Rule 34.28ZL: Request under section 38(1) of the 1972 Act to the officer of the court

Extent: E+W

(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 justices’ 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.

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Source: https://www.legislation.gov.uk/uksi/2010/2955/rule/34.28ZL (the official version)
Page: https://openlegislation.uk/family-procedure-rules-2010/rule-34.28ZL
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.