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|