• PART 16 PART 16 — Evidence From Foreign Courts

    • 130. Letter of request

      (1) Paragraphs (2) to (4) apply where a party wishes to take a deposition from a person who is out of the jurisdiction and not in a Convention State within the meaning of Rule 136(2).
      (2) The Court of First Instance may order the issue of a letter of request to the judicial authorities of the country in which the proposed deponent is and make such an order in relation to inferior court proceedings.
      (3) A letter of request is a request to a judicial authority to take the evidence of that person, or arrange for it to be taken.
      (4) If the government of a country allows a person appointed by the Court of First Instance to examine a person in that country, the Court of First Instance may make an order appointing a special examiner for that purpose.
      (5) A person may be examined under this Rule on affirmation or in accordance with any procedure permitted in the country in which the examination is to take place.
      (6) If the Court of First Instance makes an order for the issue of a letter of request, the party who sought the order must file the documents set out in a relevant practice direction and, except as provided by a relevant practice direction, a translation of them, and an undertaking to be responsible for any expenses incurred by the Board or its Chairman.

    • 131. Evidence for Foreign Courts

      (1) The following rules apply to an application for an order under Chapter 4 of Part 5 of the Regulations, other than an application made as a result of a request by a court in another Convention State, and "foreign assistance order" shall be construed accordingly.
      (2) In paragraph (1) of this Rule "Convention State" has the same meaning as in Rule 136(2).

    • 132. Application for foreign assistance order

      An application for a foreign assistance order must be made in accordance with the relevant practice direction and may be made without notice.

    • 133. Examination

      (1) The Court may order an examination under this Part to be taken before any fit and proper person nominated by the person applying for the foreign assistance order, an examiner of the Court or any other person whom the Court considers suitable.
      (2) Unless the Court orders otherwise the examination will be taken as provided by Rule 126, and Rule 127 applies.

    • 134. Dealing with deposition

      (1) The examiner must send the deposition to the Registrar unless the Court orders otherwise.
      (2) The Registrar will give a certificate sealed with the seal of the Courts for use out of the jurisdiction identifying the following documents —
      (a) the request;
      (b) the foreign assistance order of the Court for examination; and
      (c) the deposition.
      (3) The Registrar will send the certificate and the documents referred to in paragraph (2) to the [Chairman of the Board] or, where the request was sent to the Registrar by another person, to that other person for transmission to the foreign court or tribunal requesting the examination

    • 135. Claim to privilege

      (1) This Rule applies where a witness claims to be exempt from giving evidence on the ground specified in section 76(1)(b) of the Regulations, and that claim is not supported or conceded as referred to in section 76(2) of the Regulations.
      (2) The examiner may require the witness to give the evidence which he claims to be exempt from giving and, where the examiner does not require the witness to give that evidence, the Court may order the witness to do so.
      (3) An application for an order under paragraph (2) may be made by the person who obtained the foreign assistance order under section 75 of the Regulations.
      (4) Where such evidence is taken it must be contained in a document separate from the remainder of the deposition, and the examiner will send to the Registrar the deposition and a signed statement setting out the claim to be exempt and the ground on which it was made.
      (5) On receipt of the statement referred to in paragraph (4), the Registrar will retain the document containing the part of the deposition to which the claim to be exempt relates and send the statement and a request to determine that claim to the foreign court or tribunal, together with the documents referred to in Rule 134(2).
      (6) The Registrar will, if the claim to be exempt is rejected by the foreign court or tribunal, send the document referred to in paragraph (5) to that foreign court or tribunal; or if the claim is upheld, send the document to the deponent.
      (7) In either case, the Registrar will notify the deponent and the person who obtained the foreign assistance order under section 75 of the Regulations of the foreign court or tribunal's decision.
      Amended on June 1, 2017

    • 136. Taking of Evidence — Scope and interpretation

      (1) Nothing in this Section of this Part shall affect, limit, alter, or be construed as in conflict with any provision of either the GCC Convention or the Riyadh Convention.
      (2) In this Section of this Part, "Convention State" means a country which is a signatory to the GCC Convention and/or the Riyadh Convention.
      Amended on June 1, 2017

    • 137. Where a person to be examined is in another Convention State

      (1) This Rule applies where a party wishes to take a deposition from a person who is in another Convention State.
      (2) The Court may order the issue of a request —
      (a) in the case of the GCC Convention, to the competent authority; or
      (b) in the case of the Riyadh Convention, to the competent body ("the requested court") in the Convention State in which the proposed deponent is.
      (3) If the Court makes an order for the issue of a request, the party who sought the order must file the documents set out in the relevant practice direction and, except as provided by a relevant practice direction —
      (a) a translation of the documents;
      (b) an undertaking to be responsible for costs sought by the requested court in relation to fees paid to experts and interpreters and, where requested by that party, the use of any special procedures or communications technology; and
      (c) an undertaking to be responsible for the Court's expenses.
      Amended on June 1, 2017

    • 138. Evidence for courts of other Convention States

      (1) This Rule applies where —
      (a) in the case of the GCC Convention, a competent authority; and
      (b) in the case of the Riyadh Convention, a competent body in another Convention State ("the requesting court"),
      issues a request for evidence to be taken from a person who is in the jurisdiction.
      (2) An application for an order for evidence to be taken under this Rule must be made to the Court of First Instance and must be accompanied by the documents set out in any relevant practice direction.
      (3) An application for an order for evidence to be taken under this Rule may be made without notice.
      (4) Rule 133 applies to an examination under this Rule.
      (5) The examiner must send the deposition to the Court for transmission to the requesting court, and a copy of the deposition to the person who obtained the order for evidence to be taken under this Rule.
      Amended on June 1, 2017