--(1) A party may apply for an order for a person to be examined before a hearing.
--(2) A person from whom evidence is to be obtained following any order under this rule is referred to as a "deponent" and the evidence is referred to as a "deposition".
--(3) An order under this rule shall be for a deponent to be examined on oath before-
----(a) a judge;
----(b) a master; or
----(c) an attorney-at-law who has practised for at least seven years and who is appointed by the consent of the parties or the court.
----(4) The order may require the production of any document which the court considers is necessary for the purposes of the examination.
----(5) The order must state the date, time and place of the examination.
----(6) At the time of service of the order the deponent must be offered or paid travelling expenses and compensation for loss of time in accordance with rule 34.7.
--(7) An application may be made by any party whether or not that party would otherwise call the witness.
--(8) Where the application is made by the party who would call the witness to give evidence, the court may order that party to serve a witness statement or witness summary in relation to the evidence to be given by the person to be examined.
(Part 29 contains the general rules about witness statements and witness summaries)
Notes
Amended by Legal Notice 140 of 2000.
Back to Part (34. Court Attendance by Witnesses)