Draft Letter of request for examination of witness out of jurisdiction (to be filed by a party under rule 34.13(6))
| Published date | 21 March 2018 |
| Subject Matter | King's Bench forms |
No. 35
Draft Letter of request for examination of witness out of jurisdiction
(to be filed by a party under rule 34.13(6))
To the Competent Judicial Authority, namely (insert as applicable) in (country)
I (name) Senior Master of the Queen’s Bench Division of the Senior Courts of England and Wales respectfully request the assistance of your Court with regard to the following matters.
1. A claim is now pending in the [. . . . . . . . . . . ] Division of the High Court of Justice in England and Wales [the County Court] entitled as follows:
(set out full title and claim number)
in which (name) of (address) is the claimant and (name) of (address) is the defendant.
2. The names and addresses of the representatives or agents of the parties are:
(set out names and addresses of representatives of the parties).
3. The claim by the claimant is for:-
(a) (set out the nature of the claim)
(b) (the relief sought) and
(c) (a summary of the facts).
4. It is necessary for the purposes of justice and for the due determination of the matters in dispute between the parties that you cause the following witnesses, who are resident within your jurisdiction, to be examined. The names and addresses of the witnesses are as follows:-
5. The witnesses should be examined on oath or if that is not possible within your laws or is impossible of performance by reason of the internal practice and procedure of your court or by reason of practical difficulties, they should be examined in accordance with whatever procedure your laws provide for in these matters.
6. Either:
The witnesses should be examined in accordance with the list of questions annexed hereto.
or:
The witnesses should be examined regarding (set out full details of evidence sought)
(N.B. Where the witness is required to produce documents, these should be clearly identified.)
7. I would ask that you cause me, or the agents of the parties (if appointed), to be informed of the date and place where the examination is to take place.
8. Finally, I request that you will cause the evidence of the...
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