Order for the issue of a letter of request to judicial authorities out of the jurisdiction (rule 34.13)
| Published date | 21 March 2018 |
| Subject Matter | King's Bench forms |
No. 34
Order for the issue of a letter of request to judicial authorities out of the jurisdiction (rule 34.13)
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
[ ] District Registry
Claim No.
Before (Master/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. a letter of request be issued under rule 34.13 directed to the judicial authorities of (country) for the examination in (country) of (name) as a depondent in these proceedings.
2. if the government of the country allows a person appointed by the High Court to examine a person in the country, (name of examiner) be appointed under rule 34.13(4) as a special examiner for that purpose.
3. the deposition of such depondent when received be filed in the Central Office at the Royal Courts of Justice (or as appropriate - see note below).
[4. the trial of these proceedings be stayed until such deposition is filed or until further order.]
5. the costs of and caused by this application and the letter of request and examination are [summarily assessed in the sum of £ ] [to be the subject of a detailed assessment if not agreed] and to be paid by (party) (or as may be otherwise ordered as to costs).
Dated
Note - the depositions should be filed in the court office where the claim is proceeding.
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