--(1) Where a party wishes to take a deposition from a party outside the jurisdiction, the court may direct the issue of a letter of request to the judicial authorities of the country in which the proposed deponent is.
--(2) 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.
--(3) If the country to which the letter is sent allows a person appointed by the court to examine a person in that country, the court may make an order appointing an examiner for that purpose.
--(4) A person may be examined under this rule on oath or affirmation or in accordance with any procedure permitted in the country in which the examination is to take place.
--(5) If the court makes an order for the issue of a letter of request, the party who sought the order must file-
----(a) the following documents and, except where paragraph (6) applies, a translation of them:
--------(i) a draft letter of request;
--------(ii) a statement of the issues relevant to the proceedings; and
--------(iii) a list of questions or the subject matter of questions to be put to the person to be examined; and
----(b) an undertaking to be responsible for the expense of the Minister with responsibility for Foreign Affairs.
--(6) There is no need to file a translation if English is one of the official languages of the country where the examination is to take place.
Notes