FORM No. 34 : ORDER FOR THE TAKING OF EVIDENCE BEFORE A BRITISH CONSUL IN A FOREIGN COUNTRY (O. 37, r. 3).
In the District Court of
No.
of 19
.
Between
A. B.,
Plaintiff,
and
C. D.,
Defendant.
Upon hearing the advocates on both sides, and upon reading the affidavit of
.
It is ordered that the British Consul or his deputy at (name of place in the foreign country) be appointed as special examiner for the purpose of taking the examination, cross-examination, and re-examination, viva voce, on oath or affirmation of M.N. of
, X.Y. of
(names and addresses) witnesses on the part of the (Plaintiff or Defendant, as the case may be) at (name (,place in the foreign country) aforesaid. The examiner shall be at liberty to invite the attendance of the said witnesses and the production of documents, but shall not exercise any compulsory powers. Otherwise such examination shall he taken in accordance with the English procedure. The (Plaintiff's or Defendant's) advocate to give to the (Defendant's or Plaintiff's, as the case may be) advocate
days' notice in writing of the date on which they propose to send out this order to (name of place in the foreign country) for execution and that days after the service of such notice the advocates for the Plaintiffs and Defendants respectively do exchange the names of their agents at the aforesaid place to whom notice relating to the examination of the said witnesses may be sent. And that days
(exclusive of Sunday) prior to the examination of any witness hereunder notice of such examination shall be given by the agent of the party on whose behalf such witness is to be examined to the agent of the other party (unless such notice be dispensed with). And that the depositions when so taken, together with any documents referred to therein, or certified copies of such documents, or of extracts therefrom, be transmitted by the Examiner, under seal, to the District Court of
, on or before the
day of
19
, next, or such further or other clay as may be ordered. And that either party be at liberty to read and give such depositions in evidence of the trial of this action, saving all just exceptions. And that the trial of this action be stayed until the filing of such depositions. And that the costs of and incident to this application and such examination be costs in the action.
Dated the
day of
, 19
.
(Signature)
[Seal of the]
[District Court.]