--(1) The provisions of this rule have effect where a claim by a witness to be exempt from giving any evidence on the ground of a claim of right to withhold evidence is not conceded.
--(2) The examiner may, if he thinks fit, require the witness to give the evidence to which the claim relates and, if the examiner does not do so the court may do so, on the application of the person who obtained the order under rule 77.2 or 77.3.
--(3) Such an application may be made without notice.
--(4) If such evidence is taken-
----(a) it must be contained in a document separate from the remainder of the deposition of the witness;
----(b) the examiner must send to the court with the deposition a statement signed by the examiner setting out the claim and the ground on which it was made; and
----(c) on receipt of the statement the court must, notwithstanding anything in rule 77.5, retain the document containing the part of the witness's evidence to which the claim relates and must send the statement and a request to determine the claim to the foreign court or tribunal with the documents mentioned in rule 77.5.
--(5)If the claim is rejected by the foreign court or tribunal, the court office must send to that court or tribunal the document containing that part of the witness's evidence to which the claim relates, but if the claim is upheld it must send the document to the witness, and must in either case notify the witness and the person who obtained the order under rule 77.2 or 77.3 of the court or tribunal's determination.
Notes
Back to Part (77. Obtaining Evidence for Foreign Courts)