Order for appointment of special examiner to take evidence of witness out of jurisdiction (rule 34.13(4) and PD34A para 5.8)
| Published date | 21 March 2018 |
| Subject Matter | King's Bench forms |
No. 37
Order for appointment of special examiner to take evidence of witness out of jurisdiction (rule 34.13(4) and PD34A paragraph 5.8)
IN THE HIGH COURT OF JUSTICE
[. . . . . . . . . . .] DIVISION
[ ] District Registry
Claim No.
Before (Master or District Judge) (name)
Claimant
Defendant
UPON THE APPLICATION by the claimant by application notice dated . . .
[AND UPON HEARING . . . . . . . . .]
AND UPON READING the written evidence filed
IT IS ORDERED that:
1. the British Consul or the Consul-General or his deputy at (place) is appointed under rule 34.13(4) as special examiner for the purpose of taking the examination, cross-examination and re-examination orally, on oath or affirmation, of (names of depondents) on the part of (party) at (place) in (country). The examiner shall not exercise any compulsory powers but may invite the attendance of witnesses and the production of documents. Otherwise the examination shall be taken in accordance with the English procedure.
2. the solicitors for the (party) give to the solicitors for the (party) [ ] days notice in writing of the date on which they propose to send out this order to (country) for execution, and that [ ] days after service of that notice the solicitors for the parties respectively exchange the names of their agents at (place) to whom notice relating to the examination of the witnesses may be sent.
3. the agent of the party on whose behalf the depondent is to be examined must give to the agent of the other party [ ] days notice (exclusive of Sundays) of the examination, before the examination of any depondent under this order.
4. the depositions when taken together with any documents referred to in them, or certified copies of those documents or of extracts from them be sent by the examiner under seal to the Senior Master of the Queen’s Bench Division, Room E101, Royal Courts of Justice, Strand, London WC2A 2LL (or as appropriate - see note below) to be filed in the Central Office (or as appropriate - see note below).
[5. the trial of these proceedings be...
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