Evidence in support of application for examination of a witness and production of documents under the evidence (Proceedings in other jurisdictions) Act 1975 (rule 34.17 and PD34 paragraph 6.3)
| Published date | 21 March 2018 |
| Subject Matter | King's Bench forms |
PF 152
Evidence in support of application for Examination of a Witness and production of documents under the Evidence (Proceedings in other Jurisdictions) Act 1975
(rule 34.17 and PD34 paragraph 6.3)
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
[ ] District Registry
Claim No
In the matter of the Evidence (Proceedings in Other Jurisdictions) Act 1975
and
In the matter of proceedings in a civil or commercial matter [which have been instituted before (state the requesting foreign court or tribunal)] or [whose institution before (state the requesting foreign court or tribunal) is contemplated] being proceedings [entitled (give the title of the proceedings in the foreign court or tribunal)] or [contemplated between (party) and (party)]
I, (name, address and description) state [on oath] that:
1. I am instructed by (name and address of foreign lawyer and for whom he is acting or as the case may be) to apply for an Order
(a) for the examination of the following witness[es], namely;
(name) of (address)
and
(b) for the production by the said witness[es] under section 2(4)(b) of the said Act of the following documents (specify the documents which are, or are likely to be, in the possession, custody or power of the said witness[es]).
2. The above-named foreign Court desires to obtain such evidence for use in the above proceedings. There is now shown to me exhibited hereto and marked “A” a bundle containing:-
(a) the Letter of Request dated (date) from the foreign court,
(b) in so far as they are not contained in the Letter of Request)
(i) a statement of the issues relevant to the proceedings and
(ii) a list of questions or the subject matter of questions to be put to the proposed deponent(s),
(c) a draft order,
(d) (if necessary and appropriate) a translation into English of the documents in (a) and (b) above.
3. It is proposed that the witness[es] be examined upon oath (if the Letter of Request or other document requests that the examination be taken in a particular manner, such manner should be stated here) in relation to the said proceedings [before one of the Examiners of the Court] or [before (name, occupation and address) who, in my opinion, is a fit and proper person to take such examination].
[I believe that the facts stated in this witness statement are true.
Signed: Name:
Dated:]
[SWORN etc]
Note
1) Should the Letter of Request not disclose the name of a witness, but describe him by an office e.g....
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