Commonwealth Numbered Regulations

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FEDERAL COURT RULES 2011 (SLI NO 134 OF 2011) - RULE 29.12

Letter of request

         (1)   On the making of an order under section 7 (1) (b) or (c) of the Foreign Evidence Act 1994 for the sending or issue of a letter of request, the party obtaining the order must lodge with the Registrar:

                (a)    a form of the appropriate letter of request; and

               (b)    the interrogatories (if any) and cross-interrogatories (if any) to accompany the letter of request; and

                (c)    if English is not an official language of the country to whose judicial authorities the letter of request is to be sent -- a translation of each of the documents mentioned in paragraphs (a) and (b) in an official language of the country appropriate to the place where the evidence is to be taken; and

               (d)    an undertaking by the party obtaining the order, or the party's lawyer:

                          (i)    to be responsible for all expenses incurred by the Court, or by any person at the request of the Court, for the letter of request; and

                         (ii)    on being given notice of the amount of those expenses -- to pay the amount to the Registrar.

Note    If expenses are not paid, an order may be made under rule 29.22 (4).

         (2)   A translation lodged under paragraph (1) (c) must be certified by the person making it to be a correct translation, and the certificate must state the person's full name and address and the person's qualifications for making the translation.

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