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