125. Evidence by deposition
Past version: effective from 30/05/2016 - 29/05/2016
To view other versions open the versions tab on the right
(1) A party may apply for an order for a person to be examined before the hearing takes place (an "examination order").
(2) Evidence obtained following an examination order is referred to as a "deposition".
(3) An examination order shall be for a deponent to be examined on affirmation before —
(a) a Judge;
(b) the Registrar;
(c) an examiner of the Court appointed by the Registrar in accordance with the relevant practice direction;
(d) a lawyer; or
(e) such other person as the Court appoints.
(4) The examination order may require the production of any document which the Court considers is necessary for the purpose of the examination and must state the date, time and place of the examination.
(5) At the time of service of the examination order, the deponent must be offered or paid a sum reasonably sufficient to cover his expenses in travelling to and from the place of examination and such sum by way of compensation for loss of time as may be specified in a relevant practice direction.
(6) Where the Court orders a deposition to be taken, it may also order the party who obtained the examination order to serve a witness statement or witness summary in relation to the evidence to be given by the deponent