New South Wales Consolidated Regulations

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Letter of request

24.5 Letter of request

(cf SCR Part 27, rule 2; DCR Part 25, rule 5)

(1) After an order is made under section 6(1)(c) or 20(1)(c) of the Evidence on Commission Act 1995 for the issue of a letter of request, or an order of the same kind is made under section 9 or 23 of that Act, the party obtaining the order--
(a) must lodge with the principal registrar--
(i) a form of the appropriate letter of request, and
(ii) the interrogatories (if any) and cross-interrogatories (if any) to accompany the letter of request, and
(iii) if the letter of request is to be issued to the judicial authorities of a country in which English is not an official language appropriate to the place where the evidence is to be taken, and unless the court orders otherwise, a translation of the documents referred to in subparagraphs (i) and (ii) into an official language of that country appropriate to that place, and
(b) must file--
(i) a copy of each of the documents referred to in paragraph (a), and
(ii) an undertaking by the party obtaining the order, or his or her solicitor, to pay all expenses incurred by the court, or by any person at the request of the court, in respect of the letter of request.
(2) A translation filed under subrule (1)(a) 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 office or qualification by reason of which the person so certifies.

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