PART 14ADMISSIONS, EVIDENCE AND DEPOSITIONS
Depositions
Evidence by deposition14
1
A party may apply for an order for a person to be examined before the hearing takes place.
2
A person from whom evidence is to be obtained following an 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 circuit judge or a district judge, whether or not nominated as a judge of the court;
b
an examiner of the court; or
c
such other person as the court appoints.
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 will 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—
a
a sum reasonably sufficient to cover the deponent's expenses in travelling to and from the place of examination; and
b
such sum by way of compensation for loss of time as may be specified in the relevant practice direction.
7
Where the court makes an order for a deposition to be taken, it may also order the party who obtained the order to file a witness statement or witness summary in relation to the evidence to be given by the person to be examined.