This Practice Direction provides guidance on taking witness evidence in the UK and abroad for legal proceedings in England and Wales. It addresses topics such as issuing witness summonses, conducting witness depositions domestically and through letters of request to other countries when the Taking of Evidence Regulation does not apply. The Direction supplements Part 24 of the Family Procedure Rules.
This practice direction provides guidance on preparing court bundles for family law cases in courts other than the Family Proceedings Court. It specifies requirements for contents, format, timelines for preparation and lodging, and potential penalties for non-compliance. Key requirements include dividing documents into sections, providing preliminary documents with summaries and statements, and lodging the bundle with the court at least two days before the hearing. Non-compliance may result in costs penalties or the case being removed from the list.
This document contains Georgia statutes related to appellate procedures and certiorari. It includes sample forms for notices of appeal and cross appeal for both civil and criminal cases. It also provides the grounds for dismissal of an appeal, such as failure to file notice of appeal on time or if the questions presented have become moot. The statutes allow courts to order amendments to correct errors or omissions to perfect the appeal. They also state that failure to perfect service shall not affect the validity of certiorari proceedings, only be grounds for continuance.
This document provides guidance on making applications to family courts in England and Wales. It supplements Part 18 of the Family Procedure Rules. Applications should generally be made under Part 18, except when other parts provide specific application procedures. The document outlines additional requirements for application notices depending on the type of application. It provides guidance on issues like serving notices, dealing with applications without a hearing, evidence, consent orders and costs.
Code of civil procedure 1908 incidental proceedingsDr. Vikas Khakare
This explains the incidental proceeding arising from the main suit. It covers provisions about death of parties, marriage, insolvency, withdrawal of suit, compromise and when court may issue commission.
The document outlines the rules of procedure for the Foreign Intelligence Surveillance Court. Some key points:
- The court consists of federal district court judges appointed by the Chief Justice to consider applications for electronic surveillance or physical searches related to foreign intelligence.
- Hearings on applications are ex parte and classified. Judges may approve, deny, or require supplementation of applications.
- If an application is denied, the judge must provide a written statement of reasons which is served on the government. Denied applications may only be resubmitted to the denying judge.
- The government must report any non-compliance with a court order and the court may hold non-compliant parties in contempt through show cause proceedings.
5 manual for lawyers and parties rules 22 and 24 (1)Harve Abella
The document provides guidance for lawyers and parties on Rules 22 and 24 of the Revised Rules of Civil Procedure regarding preliminary conferences and trials. It outlines the procedures and requirements before, during, and after preliminary conferences and trials, including filing pleadings and motions, conducting discovery, submitting judicial affidavits and evidence, setting terms of reference, and examining witnesses. Lawyers are advised on proper procedures for objecting to questions, filing motions for postponement, and potential consequences for failure to appear.
Code of civil procedure 1908 suplementary proceedingsDr. Vikas Khakare
This presentation explains what is supplementary proceedings. When court may issue arrest warrant before judgment, when court order attachment before judgment, when court may issue temporary injunction, when a receiver may be appointed.
This practice direction provides guidance on preparing court bundles for family law cases in courts other than the Family Proceedings Court. It specifies requirements for contents, format, timelines for preparation and lodging, and potential penalties for non-compliance. Key requirements include dividing documents into sections, providing preliminary documents with summaries and statements, and lodging the bundle with the court at least two days before the hearing. Non-compliance may result in costs penalties or the case being removed from the list.
This document contains Georgia statutes related to appellate procedures and certiorari. It includes sample forms for notices of appeal and cross appeal for both civil and criminal cases. It also provides the grounds for dismissal of an appeal, such as failure to file notice of appeal on time or if the questions presented have become moot. The statutes allow courts to order amendments to correct errors or omissions to perfect the appeal. They also state that failure to perfect service shall not affect the validity of certiorari proceedings, only be grounds for continuance.
This document provides guidance on making applications to family courts in England and Wales. It supplements Part 18 of the Family Procedure Rules. Applications should generally be made under Part 18, except when other parts provide specific application procedures. The document outlines additional requirements for application notices depending on the type of application. It provides guidance on issues like serving notices, dealing with applications without a hearing, evidence, consent orders and costs.
Code of civil procedure 1908 incidental proceedingsDr. Vikas Khakare
This explains the incidental proceeding arising from the main suit. It covers provisions about death of parties, marriage, insolvency, withdrawal of suit, compromise and when court may issue commission.
The document outlines the rules of procedure for the Foreign Intelligence Surveillance Court. Some key points:
- The court consists of federal district court judges appointed by the Chief Justice to consider applications for electronic surveillance or physical searches related to foreign intelligence.
- Hearings on applications are ex parte and classified. Judges may approve, deny, or require supplementation of applications.
- If an application is denied, the judge must provide a written statement of reasons which is served on the government. Denied applications may only be resubmitted to the denying judge.
- The government must report any non-compliance with a court order and the court may hold non-compliant parties in contempt through show cause proceedings.
5 manual for lawyers and parties rules 22 and 24 (1)Harve Abella
The document provides guidance for lawyers and parties on Rules 22 and 24 of the Revised Rules of Civil Procedure regarding preliminary conferences and trials. It outlines the procedures and requirements before, during, and after preliminary conferences and trials, including filing pleadings and motions, conducting discovery, submitting judicial affidavits and evidence, setting terms of reference, and examining witnesses. Lawyers are advised on proper procedures for objecting to questions, filing motions for postponement, and potential consequences for failure to appear.
Code of civil procedure 1908 suplementary proceedingsDr. Vikas Khakare
This presentation explains what is supplementary proceedings. When court may issue arrest warrant before judgment, when court order attachment before judgment, when court may issue temporary injunction, when a receiver may be appointed.
Code of civil procedure 1908 miscellaneous, interest,cost, exemption from app...Dr. Vikas Khakare
This contains miscellaneous provision like interest in suit, cost of suit, persons exempted for appearing in the court, caveat and inherent powers of court.
This order from a district court concerns a motion to dismiss or for summary judgment that has been filed in a civil case. As one of the defendants is representing himself without an attorney, the court directs the clerk to send him materials to explain summary judgment procedure and relevant extracts from Rules 12 and 56. The defendants have 34 days to respond to the motion. The order also provides guidance on the requirements for affidavits submitted in opposition to summary judgment.
This document outlines functions of the court that can and cannot be performed by a single justice of the peace in family court proceedings. It provides two tables listing specific rules and practice directions where a single justice is not authorized to perform certain functions, such as making final orders, adding or removing parties, or excluding people from hearings. The document clarifies that unless otherwise specified, a single justice cannot make final decisions of the magistrates' court.
Cpc learning module 4 appearance, examination and trialDr. Vikas Khakare
This document provides an overview of various topics related to the Code of Civil Procedure in India, including appearance and examination of parties, adjournments, commissions, arrest before judgment, attachment before judgment, temporary injunction, appointment of receivers, interest, and costs. It discusses the relevant sections and orders of the Code and provides details on the procedures and grounds for each topic. The document is presented as teaching materials on the Code of Civil Procedure for law students.
This document provides definitions for various legal terminology in both English and Arabic. It defines over 100 common legal terms covering areas such as civil and criminal law, litigation processes, court systems and procedures. The terms are organized alphabetically from A to Z in a glossary format for easy reference.
This contains important provisions of Indian Limitation Act 1963, definitions, principles, bar of suit, effects of limitation, computation of limitation period etc.
The document discusses the wide powers that trial courts have under Indian law to order reinvestigations and ensure fair trials. It notes that Section 173(8) allows courts to charge new accused during ongoing trials if deemed appropriate. It also outlines the corrective mechanisms that exist at various stages from investigation to appeal to prevent errors and failures of justice. The document alleges faults in how certain witnesses were treated in one particular case, suggesting the trial was not fair. It emphasizes the active role courts must play to determine the truth.
Code of civil procedure 1908 jurisdiction of civil courtsDr. Vikas Khakare
This document discusses the jurisdiction of civil courts in India according to the Code of Civil Procedure 1908. It defines jurisdiction as the power of a court to hear and determine cases. There are different categories of jurisdiction including civil and criminal, original and appellate, jurisdiction over subject matter, local or territorial, and pecuniary jurisdiction. Civil courts have jurisdiction over civil disputes but not criminal matters. Lower courts have original jurisdiction while higher courts have appellate jurisdiction. Jurisdiction is determined by the legislature and a court cannot hear cases that are expressly or impliedly barred from its jurisdiction.
This document discusses rules related to appeals by indigent persons in India. [1] Rule 1 allows indigent persons to appeal by presenting an application and memorandum of appeal. [2] When considering an application under Rule 1, the court only determines if the applicant is indigent and not the merits of the case. [3] Rejection of an application does not mean the appeal lacks merit, only that indigence was not proven.
The document discusses the provisions related to commissions under the Code of Civil Procedure (CPC) in Bangladesh. It summarizes the key powers of courts to issue commissions, the purposes for which commissions can be issued (e.g. to examine witnesses or conduct a local investigation), and the procedures involved as outlined in Order 26 of the CPC. These include rules regarding who can be examined via commission, the process for commissioners to conduct investigations and submit reports, and the evidentiary value of commissioners' reports.
The document is a petition for writ of certiorari filed by the State of Florida (the petitioner) in the District Court of Appeal. The petition seeks review of a circuit court order denying the petitioner's request to strike a juror for cause and denying the petitioner's request to use remaining peremptory challenges. The petitioner asserts the circuit court departed from the essential requirements of law by improperly denying for cause challenges and limiting the petitioner's use of peremptory challenges, thereby prejudicing jury selection. The petitioner requests the appellate court quash the circuit court's order and allow the petitioner to exercise remaining peremptory strikes to select a new jury.
This document summarizes Practice Direction 12A, which provides guidance on case management for public law proceedings in family court. It outlines the key tools and principles for actively managing cases, including setting a Timetable for the Child, maintaining judicial continuity, using case management orders and documentation, and holding case management conferences and issue resolution hearings. The goal is to deal with cases justly and expeditiously while focusing on the welfare of the child. Parties are expected to cooperate and help the court further the overriding objective of a timely and fair resolution.
This document provides summaries of forms used in family court proceedings in England and Wales. It lists the forms, organized by the relevant part of the Family Procedure Rules. It includes tables listing the forms and providing brief descriptions of each form's purpose. The document also provides guidance on modifying and expanding the forms while still including all essential information.
The student learned several key lessons from their preliminary school magazine task that helped improve their final music magazine product. They researched other magazines to understand typical conventions. For the cover, they made it more professional by aligning elements and including a relevant image. On the contents page, they included multiple images to make the layout more interesting. For the double page spread, they added columns to make it easier to read and used their own images to have more control over the design. Overall, the student gained valuable experience that helped them create a higher quality final magazine product.
This document provides guidance on serving documents related to family court proceedings within the jurisdiction of England and Wales. It supplements the Family Procedure Rules regarding service of applications and other documents. The document outlines acceptable methods of service, including by post, document exchange, fax, and electronic means. It provides examples of calculating deemed service dates. It also provides guidance on serving applications on children and protected parties, as well as requesting personal service by bailiff.
This practice direction provides guidance for courts on cases involving domestic violence and contact or residence orders, emphasizing the need to identify and address domestic violence issues promptly, to hold fact-finding hearings where needed, and to only make contact orders if the child's safety can be ensured, with consideration of things like supervision and conditions.
This document provides guidance on the use of expert witnesses and assessors in family court proceedings in England and Wales. It supplements the Family Procedure Rules regarding experts. The guidance aims to help the court obtain expert opinions to answer questions outside the court's expertise, while encouraging full disclosure between parties and experts. Permission is generally required from the court to instruct an expert or submit expert evidence. Experts have a duty to the court that takes precedence over other obligations. The content and format of expert reports is also outlined.
This document provides guidance on making applications to family courts in England and Wales. It supplements Part 18 of the Family Procedure Rules. Applications should generally be made under Part 18, except when other parts provide specific application procedures. District judges can refer matters to judges, and additional requirements apply for certain types of applications, such as including draft orders or financial details. The document provides guidance on issues like requesting hearings, serving notices, dealing with applications without notice, evidence requirements, consent orders, and costs.
This document outlines procedures for applications relating to matrimonial and civil partnership proceedings in court. It discusses requirements for filing applications, providing proof of marriage or civil partnership, amendments to applications, requests for further information, disclosure of documents, and expediting decrees absolute or final orders in cases where needed. The document provides guidance on following the appropriate processes and forms, obtaining necessary documentation, communicating with other parties, and seeking court orders in a timely manner at different stages of proceedings.
Code of civil procedure 1908 miscellaneous, interest,cost, exemption from app...Dr. Vikas Khakare
This contains miscellaneous provision like interest in suit, cost of suit, persons exempted for appearing in the court, caveat and inherent powers of court.
This order from a district court concerns a motion to dismiss or for summary judgment that has been filed in a civil case. As one of the defendants is representing himself without an attorney, the court directs the clerk to send him materials to explain summary judgment procedure and relevant extracts from Rules 12 and 56. The defendants have 34 days to respond to the motion. The order also provides guidance on the requirements for affidavits submitted in opposition to summary judgment.
This document outlines functions of the court that can and cannot be performed by a single justice of the peace in family court proceedings. It provides two tables listing specific rules and practice directions where a single justice is not authorized to perform certain functions, such as making final orders, adding or removing parties, or excluding people from hearings. The document clarifies that unless otherwise specified, a single justice cannot make final decisions of the magistrates' court.
Cpc learning module 4 appearance, examination and trialDr. Vikas Khakare
This document provides an overview of various topics related to the Code of Civil Procedure in India, including appearance and examination of parties, adjournments, commissions, arrest before judgment, attachment before judgment, temporary injunction, appointment of receivers, interest, and costs. It discusses the relevant sections and orders of the Code and provides details on the procedures and grounds for each topic. The document is presented as teaching materials on the Code of Civil Procedure for law students.
This document provides definitions for various legal terminology in both English and Arabic. It defines over 100 common legal terms covering areas such as civil and criminal law, litigation processes, court systems and procedures. The terms are organized alphabetically from A to Z in a glossary format for easy reference.
This contains important provisions of Indian Limitation Act 1963, definitions, principles, bar of suit, effects of limitation, computation of limitation period etc.
The document discusses the wide powers that trial courts have under Indian law to order reinvestigations and ensure fair trials. It notes that Section 173(8) allows courts to charge new accused during ongoing trials if deemed appropriate. It also outlines the corrective mechanisms that exist at various stages from investigation to appeal to prevent errors and failures of justice. The document alleges faults in how certain witnesses were treated in one particular case, suggesting the trial was not fair. It emphasizes the active role courts must play to determine the truth.
Code of civil procedure 1908 jurisdiction of civil courtsDr. Vikas Khakare
This document discusses the jurisdiction of civil courts in India according to the Code of Civil Procedure 1908. It defines jurisdiction as the power of a court to hear and determine cases. There are different categories of jurisdiction including civil and criminal, original and appellate, jurisdiction over subject matter, local or territorial, and pecuniary jurisdiction. Civil courts have jurisdiction over civil disputes but not criminal matters. Lower courts have original jurisdiction while higher courts have appellate jurisdiction. Jurisdiction is determined by the legislature and a court cannot hear cases that are expressly or impliedly barred from its jurisdiction.
This document discusses rules related to appeals by indigent persons in India. [1] Rule 1 allows indigent persons to appeal by presenting an application and memorandum of appeal. [2] When considering an application under Rule 1, the court only determines if the applicant is indigent and not the merits of the case. [3] Rejection of an application does not mean the appeal lacks merit, only that indigence was not proven.
The document discusses the provisions related to commissions under the Code of Civil Procedure (CPC) in Bangladesh. It summarizes the key powers of courts to issue commissions, the purposes for which commissions can be issued (e.g. to examine witnesses or conduct a local investigation), and the procedures involved as outlined in Order 26 of the CPC. These include rules regarding who can be examined via commission, the process for commissioners to conduct investigations and submit reports, and the evidentiary value of commissioners' reports.
The document is a petition for writ of certiorari filed by the State of Florida (the petitioner) in the District Court of Appeal. The petition seeks review of a circuit court order denying the petitioner's request to strike a juror for cause and denying the petitioner's request to use remaining peremptory challenges. The petitioner asserts the circuit court departed from the essential requirements of law by improperly denying for cause challenges and limiting the petitioner's use of peremptory challenges, thereby prejudicing jury selection. The petitioner requests the appellate court quash the circuit court's order and allow the petitioner to exercise remaining peremptory strikes to select a new jury.
This document summarizes Practice Direction 12A, which provides guidance on case management for public law proceedings in family court. It outlines the key tools and principles for actively managing cases, including setting a Timetable for the Child, maintaining judicial continuity, using case management orders and documentation, and holding case management conferences and issue resolution hearings. The goal is to deal with cases justly and expeditiously while focusing on the welfare of the child. Parties are expected to cooperate and help the court further the overriding objective of a timely and fair resolution.
This document provides summaries of forms used in family court proceedings in England and Wales. It lists the forms, organized by the relevant part of the Family Procedure Rules. It includes tables listing the forms and providing brief descriptions of each form's purpose. The document also provides guidance on modifying and expanding the forms while still including all essential information.
The student learned several key lessons from their preliminary school magazine task that helped improve their final music magazine product. They researched other magazines to understand typical conventions. For the cover, they made it more professional by aligning elements and including a relevant image. On the contents page, they included multiple images to make the layout more interesting. For the double page spread, they added columns to make it easier to read and used their own images to have more control over the design. Overall, the student gained valuable experience that helped them create a higher quality final magazine product.
This document provides guidance on serving documents related to family court proceedings within the jurisdiction of England and Wales. It supplements the Family Procedure Rules regarding service of applications and other documents. The document outlines acceptable methods of service, including by post, document exchange, fax, and electronic means. It provides examples of calculating deemed service dates. It also provides guidance on serving applications on children and protected parties, as well as requesting personal service by bailiff.
This practice direction provides guidance for courts on cases involving domestic violence and contact or residence orders, emphasizing the need to identify and address domestic violence issues promptly, to hold fact-finding hearings where needed, and to only make contact orders if the child's safety can be ensured, with consideration of things like supervision and conditions.
This document provides guidance on the use of expert witnesses and assessors in family court proceedings in England and Wales. It supplements the Family Procedure Rules regarding experts. The guidance aims to help the court obtain expert opinions to answer questions outside the court's expertise, while encouraging full disclosure between parties and experts. Permission is generally required from the court to instruct an expert or submit expert evidence. Experts have a duty to the court that takes precedence over other obligations. The content and format of expert reports is also outlined.
This document provides guidance on making applications to family courts in England and Wales. It supplements Part 18 of the Family Procedure Rules. Applications should generally be made under Part 18, except when other parts provide specific application procedures. District judges can refer matters to judges, and additional requirements apply for certain types of applications, such as including draft orders or financial details. The document provides guidance on issues like requesting hearings, serving notices, dealing with applications without notice, evidence requirements, consent orders, and costs.
This document outlines procedures for applications relating to matrimonial and civil partnership proceedings in court. It discusses requirements for filing applications, providing proof of marriage or civil partnership, amendments to applications, requests for further information, disclosure of documents, and expediting decrees absolute or final orders in cases where needed. The document provides guidance on following the appropriate processes and forms, obtaining necessary documentation, communicating with other parties, and seeking court orders in a timely manner at different stages of proceedings.
This practice direction provides guidance for applications made under Part 4 of the Family Law Act 1996. It addresses applications made by children under 16, privacy considerations, warrants of arrest, attendance of arresting officers, bail applications, and remand for medical examination.
This document summarizes research on using heat pipes to control cooling in permanent molds for casting aluminum alloys. Heat pipes can selectively cool specific locations at specific times by transferring heat through phase changes without moving parts. Researchers at McGill University developed a water-based McGill Heat Pipe that can handle heat fluxes over 1 MW/m2. Testing showed heat pipes refined the microstructure and reduced the dendrite arm spacing of aluminum alloy castings compared to uncooled molds. The technology has applications for cooling permanent molds, reducing superheat in continuous casters, and cooling electrolytic cells and furnace off-gases.
This Practice Direction provides guidance for using the Part 19 procedure for certain family court applications. It outlines what types of applications must or can use the Part 19 procedure, how applicants and respondents should submit documents, and how the court will manage the applications. Key points include that the Part 19 procedure must be used for applications regarding adopted persons' information or fathers without parental responsibility, can be used if no prescribed form or if the application involves no substantial factual disputes, and involves submitting evidence with initial filings or within defined time periods.
This document summarizes the nature and procedures of inherent jurisdiction proceedings in family court, which allow the court to make orders to protect the welfare of children. It discusses the court's ability to make injunctions and place children under wardship. It also outlines procedures for transferring cases to county court, parties that can be involved, permission needed for removing wards from jurisdiction, conducting criminal proceedings involving wards, making compensation claims on their behalf, and the role of the tipstaff in enforcing court orders.
This document outlines the Family Procedure Rules 2010 which came into force on 6 April 2011. It provides definitions for key terms used in family court proceedings in England and Wales. It establishes the overriding objective of dealing with family cases justly and helping parties resolve matters efficiently. It also outlines the court's duty to actively manage cases.
This document provides an overview of mathematical modeling and analysis techniques for mechanical engineering design. It discusses what mathematical models are, how they are used for simulation, prediction, design evaluation, and control system design. It defines systems and variables, and covers dynamic and linear time-invariant systems. Modeling techniques like differential equations, transfer functions, and state-space models are presented. Identification methods like parametric and frequency-domain techniques are also summarized. Finally, neural network approaches to system identification are introduced.
Cystic fibrosis is a genetic disorder caused by a mutation in the CFTR gene that encodes a chloride channel protein. The most common mutation is a deletion of three nucleotides (ΔF508) that causes the protein to fold incorrectly, preventing it from reaching the cell membrane. This leads to a buildup of thick mucus in the lungs, pancreas and other organs. In the lungs, mucus accumulation causes chronic lung infections and progressive lung damage. In the pancreas, it obstructs pancreatic ducts and prevents digestive enzymes from reaching the intestines, resulting in poor nutrient absorption. Cystic fibrosis affects the white population and is a lifelong condition requiring multidisciplinary treatment to manage symptoms.
Psychological horror focuses on everyday events that could plausibly occur in real life, making the audience more cautious. It relies on the characters' beliefs, fears, and hidden truths to create horror, rather than supernatural elements. Common conventions include an ordinary killer who appears normal, mysteries around their identity, a focus on the killer's twisted mind over physical weapons, settings people can relate to like homes and hospitals, and flashbacks explaining the killer's motives. This genre often targets female victims and uses children as killers, though the document proposes breaking those conventions.
This document summarizes Practice Direction 20A, which supplements Family Procedure Rules Part 20 regarding interim remedies such as injunctions. It provides guidance on procedures for applying for interim remedies, including injunctions, search orders, and orders for the preservation of evidence. Applications must be supported by evidence in an affidavit or witness statement. Urgent or without notice applications have additional requirements for filing evidence and draft orders. Orders must contain standard terms regarding damages and undertakings. Search orders have special requirements for supervision by a solicitor and treatment of seized materials.
This Practice Direction provides guidance on interim remedies in family court proceedings, including injunctions and search orders. It outlines the process for applying for interim orders, the requirements for evidence, and the terms that must be included in orders granted without notice to the other party. Specific provisions are also outlined for urgent applications, search orders, and orders affecting third parties.
This practice direction provides guidance on reciprocal enforcement of maintenance orders between England and Wales and other countries. It outlines the procedures for notifying payment details, transmitting orders, registering orders, and taking enforcement actions. Specific rules are given for applications involving the Republic of Ireland, Hague Convention countries, and the United States. Certified copies of orders and required documentation varies based on the recipient country.
This document outlines procedures for reciprocal enforcement of maintenance orders between countries. It provides details on notifying payment methods, requirements for transmitting orders to other countries, and certifying copies of orders to be enforced abroad. Specific procedures are defined for the Republic of Ireland, Hague Convention countries, and specified US states. The annexes modify the rules for transmitting orders to each location.
This Practice Direction provides guidance on applications made under various regulations and conventions relating to the registration, recognition, and non-recognition of family court judgments and orders from other jurisdictions. It specifies the required forms and evidence for different types of applications, such as applications for registration of orders under the Council Regulation or 1996 Hague Convention, or applications for recognition or non-recognition of judgments. The guidance addresses evidence requirements for different scenarios, such as judgments obtained by default or applications made under specific articles of the relevant regulations.
This document outlines procedures for applications relating to matrimonial and civil partnership proceedings in court. It discusses requirements for filing applications, providing proof of marriage or civil partnership, amendments to applications, requests for further information, disclosure of documents, and expediting decrees absolute or final orders in cases where needed. The document provides guidance on following the appropriate processes and forms, obtaining necessary documentation, responding to requests, and seeking expedited hearings when grounds for urgency arise.
This document outlines procedures for litigation friends representing protected parties in court proceedings. It addresses duties of litigation friends, how one can become a litigation friend without a court order by filing documents showing their authority, and how to apply to the court to appoint or change a litigation friend. Medical evidence is required to show that the protected party now has capacity and no longer requires a litigation friend.
This document outlines procedures for litigation friends representing protected parties in court proceedings. It details:
1. Protected parties require a litigation friend to conduct proceedings on their behalf and how they should be referred to.
2. The duties of a litigation friend to fairly and competently represent the protected party without adverse interests.
3. The process for becoming a litigation friend without a court order, including filing documents confirming authority or suitability.
Writ, service, appearance & judgment in default (2017-2018)Intan Muhammad
Writ - includes endorsement , transfer, issuance of writ
Service - includes substitute/personal service, serve based on contract, serve to solicitor / partnership, AOS
Appearance - includes how and when to insert appearance
JID - includes type and proof of services
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
This document summarizes the process and requirements for appeals according to Part 30 of the Family Procedure Rules. It outlines which courts appeals can be made to depending on the original deciding court. It also describes the grounds and process for obtaining permission to appeal, including submitting reasons for appeal and relevant documentation to the appeals court. Permission is required to appeal decisions of district judges or costs judges. The document provides guidance on procedures for permission hearings and reconsideration of permission refusals.
Patents 101 Part 4 - Applying for a PatentJane Lambert
The handout to the fourth module of my introduction to English patent law. The procedure for applying for a UK patent and European patent (UK) and making PCT applications. Appeals to the Comptroller in the UK and the Boards of Appeal in the EPO. Entitlement and inventorship disputes,
The document summarizes rules established by the Central Government of India regarding procedures for the Cyber Regulations Appellate Tribunal. Some key points:
- The rules cover definitions, procedures for filing applications to the Tribunal, requirements for application forms and accompanying documents, service of notices to respondents, filing of replies, notification of hearing dates and locations, and decisions on applications.
- Applications must be filed in six paperback copies with the Registrar, accompanied by a fee of Rs. 2,000, and include certified copies of relevant orders and documents.
- Respondents have one month to file six paperback copies of their reply with supporting documents and proof of service to the applicant.
- Hearing dates
- The document outlines rules for the Cyber Regulations Appellate Tribunal established under the Information Technology Act, 2000 in India.
- It details procedures for filing applications to the tribunal, serving notices, submitting replies, location and timings of hearings, and roles of the Registrar and Presiding Officer.
- The rules aim to provide an efficient process for appeals related to cyber regulations and orders in India.
The civil proceeding in Bangladesh in an adversarial system which means the whole process is a contest between two parties, namely, plaintiff and defendant. The court plays non partisan role. Civil proceedings is regulated by the Code of Civil Procedure, 1908. The various stages of Civil proceeding may be discussed under the following heads:
a) Pre-trial stage
b) Trial stage
c) Post Trial stage
The document discusses dispute resolution methods such as dispute boards, adjudication, and arbitration. It provides details on establishing a dispute board, including their composition, responsibilities, and payment structures. The text also outlines the adjudication process, including timelines for appointing an adjudicator and requiring their decision to be binding until the dispute is resolved through legal or other agreed means.
This document is a request from the Supreme Court of the Philippines to publish Rules 22 and 24 of the proposed Revised Rules of Civil Procedure in newspapers. These rules will be piloted in specific courts in Quezon City, Makati City, Angeles City, Iloilo City, Davao City, and Cebu City beginning February 16, 2015. The rules establish procedures for mandatory disclosure of evidence by parties, preparation of terms of reference to define the scope of trial, and preliminary conferences between the court and parties.
This Practice Direction provides guidance on striking out statements of case under Family Procedure Rule 4.4. It gives examples of cases that may fall under Rule 4.4(1)(a), such as those with no facts, those that are incoherent, or those with facts that do not disclose a legally recognizable application. It may also apply under Rule 4.4(1)(b) if a case is frivolous, scurrilous, or obviously ill-founded. The Direction outlines the process for applications and answers to be struck out, including allowing hearings and giving opportunities to clarify. It notes the court's ability to strike out on its own initiative or upon application, and to enter judgment for the other party
This Practice Direction provides guidance on striking out statements of case under Family Procedure Rule 4.4. It gives examples of cases that may fall under Rule 4.4(1)(a), such as those with no facts, those that are incoherent, or those with facts that do not disclose a legally recognizable application. It may also apply under Rule 4.4(1)(b) if a case is frivolous, scurrilous, or obviously ill-founded. The Direction outlines the process for applications and answers to be struck out, including allowing hearings and giving opportunities to clarify. It notes the court's ability to strike out on its own initiative or upon application, and to enter judgment for the other party
Presentation on CPC Case Managment by Mr. Murtaza Khan, CJ-III SwatAslam Parvaiz
1. The document outlines the case management rules introduced by the Code of Civil Procedure (CPC) in Khyber Pakhtunkhwa, Pakistan to expedite the disposal of civil cases.
2. It describes the first case management conference where the court and parties will schedule the filing of applications, replies, and hearings to streamline the proceedings. The conference aims to discover chances of settlement.
3. The court will then hold subsequent conferences and issue orders on applications within 60 days to ensure swift resolution of issues without opportunity for appeal on the orders. Conferences also focus the parties on the facts and legal issues in dispute for potential settlement.
The document discusses different types of commissions that can be issued by courts in Bangladesh. It provides details on:
1) Commissions to examine witnesses which can be issued by all courts except the High Court Division to compel testimony from certain classes of witnesses or those residing outside the court's jurisdiction.
2) Commissions for local investigation which are ordered to completely investigate matters locally within 3 months and allow objections to the commissioner's report.
3) Commissions to make partitions which ascertain property, fix values, and allot shares in partition suits based on preliminary decrees. Objections can be made to the commissioner's allotments.
4) Grounds for appointing receivers to take possession of property in disputes when it
The document amends prior regulations related to legal aid in England and Wales. It makes transitional provisions for applying cost rules when a party receives early legal services and later receives legal aid for the same case. It also modifies a prior regulation regarding damages-based agreements to update a reference from an old legal services system to the current legal aid system. The amendments take effect on April 1, 2013 to coincide with the earlier regulations.
Transitional and saving provisions)(amendment) regulations 2013PAINalison
The document amends prior regulations related to legal aid in England and Wales. It makes transitional provisions for applying cost protection regulations to cases that began with public funding and continue with legal aid. It also modifies a reference in damages agreement regulations to refer to legal aid arrangements rather than the prior community legal service. The amendments take effect on April 1, 2013 to coincide with the prior regulations.
The health and social care act 2012 (commencement no. 5, transitional, saving...PAINalison
This document outlines the commencement dates of various provisions in the Health and Social Care Act 2012 related to the regulation and licensing of healthcare providers in England. Key dates include April 1st, 2013 for provisions related to Monitor's licensing powers over NHS foundation trusts and July 1st, 2013 for provisions giving Monitor powers to modify license conditions. It also describes transitional modifications to sections of the Act to facilitate the staged commencement of regulatory powers.
The children, schools and families act 2010 (commencement no. 3) order 2013PAINalison
This order brings a section of the Children, Schools and Families Act 2010 into force on April 15th, 2013. Specifically, it puts section 8 of that Act into effect, which inserts section 14B into the Children Act 2004. Section 14B gives local safeguarding children boards the power to request information from any person or body to supply specified information to the board or another entity. The order was made by the Secretary of State for Education and outlines the relevant statutory instruments and explanatory notes.
Adoption and special guardianship data packPAINalison
This document provides data on adoption and special guardianship in England from 2007-2010. It summarizes national trends and variations between local authorities. Key points include: the number of children adopted from care increased since 1999 but has fallen slightly in recent years; locally adoption rates vary from 1-10% of looked after children; most adopted children are under 5 while special guardianship is more common for older children; statutory timelines for adoption are often not met, especially for black children and those in London. The document aims to help local authorities evaluate their performance and identify areas for improvement.
The Adoption Register is a database and staff team that works to match children waiting to be adopted with approved prospective adopters. It stores details of over 4,000 children and many approved families. When a child's local agency cannot find a match within 3 months, or a family has not been matched locally after 3 months, they are referred to the Register which searches for potential matches among all referred children and families. It then provides brief details to agencies to consider further. The Register aims to increase opportunities for all children and families to find a suitable adoption match.
Adoption access to intermediary servicesPAINalison
This document provides guidance for adoption workers on providing services to adopted adults seeking access to their birth records or information from adoption records for pre-commencement adoptions. It outlines the relevant legislation, research findings, and procedures for providing birth record counseling and access to adoption records. Key points include who is eligible for services, the counseling process, responding promptly to requests, and qualifications for counselors.
This practice direction provides guidance on applying the Maintenance Regulation between EU member states, which replaces previous international agreements on maintenance orders. It discusses transitional cases and the relationship between the Maintenance Regulation and prior conventions. Applications for recognition and enforcement of orders from EU countries will follow the rules in the Maintenance Regulation.
This document contains a Family Mediation Information and Assessment (MIAM) form that must be completed before applying to a family court for certain orders relating to children or financial remedies. The form has two parts: Part 1 is for determining if a valid exemption to attending a MIAM applies. Part 2 is for when a family mediator determines a valid exemption or that mediation is not suitable. The form provides information on the MIAM process and exemptions, and must be signed in the appropriate section by either the applicant/representative or family mediator.
This document summarizes existing practice directions that will continue to apply to family court proceedings after April 6, 2011, when the new Family Procedure Rules 2010 come into effect. It lists the existing practice directions in an annex, along with any title or numbering changes and updated references to rules necessitated by the new rules. It also states that one existing practice direction on applications for scientific parentage testing will continue to apply under the new rules.
This document is a form used in family court proceedings in England and Wales to provide information about mediation. It requires information about whether the applicant attended a required Mediation Information and Assessment Meeting, the reason if they did not attend, and signatures from the applicant's legal representative and the mediator if applicable. The form has four parts that must be filled out depending on whether the applicant attended the meeting or qualifies for an exception.
This document outlines functions of the court that can and cannot be performed by a single justice of the peace in family court proceedings. It provides tables listing specific court rules and the nature of functions that single justices can and cannot perform. For example, a single justice cannot make final orders on residence, placement, adoption or care, but can discharge other family court functions outlined in the rules.
This document summarizes existing practice directions that will continue to apply to family court proceedings after April 6, 2011 when the new Family Procedure Rules 2010 come into effect. It lists the existing practice directions in an annex, along with any title or numbering changes and updates to rule references needed due to the new rules. It also states that one existing practice direction on determining parentage through scientific tests will apply using the new rules for other applications.
This Practice Direction provides transitional arrangements for proceedings started before April 6, 2011 under the previous family court rules. It explains that for existing proceedings, where a step was taken under the previous rules it will continue under those rules, but new steps on or after April 6, 2011 will be taken according to the new Family Procedure Rules (FPR). The Practice Direction also notes some exceptions, such as that the Overriding Objective in Part 1 of the FPR will apply to all existing proceedings from April 6, 2011 onwards.
This Practice Direction supplements Family Procedure Rule 35.2 and concerns applications for consent orders regarding financial remedies. It states that any such application, supporting evidence of a party's consent, or correspondence consenting to an order, must be in English or accompanied by an English translation. The applications and evidence must use English or include English translations.
The document provides guidance on tracing the whereabouts of a maintenance payer who lives overseas in Australia, Canada, New Zealand, or South Africa when their address is unknown. It outlines that the court can request that the authorities in those countries make inquiries to locate the payer. It describes the procedure to follow which includes completing a questionnaire in duplicate and lodging it with the district judge along with an undertaking that any address received will only be used for the proceedings.
The document provides guidance on tracing the whereabouts of a maintenance payer who lives overseas in Australia, Canada, New Zealand, or South Africa when their address is unknown. It outlines that the court can request that the authorities in those countries make inquiries to locate the payer. It describes the procedure to follow which includes completing a questionnaire in duplicate and lodging it with the district judge along with an undertaking that any address received will only be used for the proceedings.
This Practice Direction supplements Part 33 of the Family Procedure Rules (FPR) and provides guidance on enforcing undertakings given in family court proceedings. It distinguishes between undertakings to do or abstain from doing an act, and undertakings for the payment of money. For non-payment undertakings, it states that the person may be committed for contempt of court if they had the means to pay but refused or neglected to pay. For other undertakings, it provides that the person may be committed for contempt if they break any promises made to the court in the undertaking. The Direction includes model wording to be included on undertakings regarding the consequences of non-compliance.
This practice direction provides guidance for citing human rights authorities and allocating cases to judges when human rights issues are involved in family court proceedings. It states that (1) any authorities cited from the European Court or Commission must be complete reports provided to the court in advance, and (2) cases involving potential declarations of incompatibility under the Human Rights Act or concerning judicial acts must be heard and determined by a High Court judge.
1. Practice Direction 24A –
Witnesses, Depositions and Taking of Evidence in
Member States of the European Union
This Practice Direction supplements FPR Part 24
Witness summonses
Issue of witness summons
1.1 A witness summons may require a witness to –
(a) attend court to give evidence;
(b) produce documents to the court; or
(c) both,
on either a date fixed for the hearing or such date as the court may direct (see rule 24.2).
(In relation to cases to which the Mediation Directive applies, rules 35.3 and 35.4
contain rules in relation to mediation evidence)
1.2 Two copies of the witness summons should be filed with the court for sealing, one of which
will be retained on the court file.
1.3 A mistake in the name or address of a person named in a witness summons may be corrected
if the summons has not been served.
1.4 The corrected summons must be re-sealed by the court and marked “Amended and Re-
Sealed”.
Magistrates’ courts proceedings
2.1 An application for the issue of a summons or warrant under section 97 of the Magistrates’
Courts Act 1980 may be made by the applicant in person or by his legal representative.
2.2 An application for the issue of such a summons may be made by delivering or sending the
application in writing to the court officer for the magistrates’ court.
Travelling expenses and compensation for loss of time
3.1 When a witness is served with a witness summons the witness must be offered a sum to cover
travelling expenses to and from the court and compensation for loss of time (see rule 24.6).
3.2 If the witness summons is to be served by the court, the party issuing the summons must
deposit with the court –
(a) a sum sufficient to pay for the witness’s expenses in travelling to the court and in
returning to his or her home or place of work; and
(b) a sum in respect of the period during which earnings or benefit are lost, or such
lesser sum as it may be proved that the witness will lose as a result of attendance at
court in answer to the witness summons.
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2. 3.3 The sum referred to in paragraph 3.2(b) is to be based on the sums payable to witnesses
attending the Crown Court (fixed pursuant to the Prosecution of Offences Act 1985 and Costs in
Criminal Cases (General) Regulations 1986).
Depositions to be taken in England and Wales for use as
evidence in proceedings in courts in England and Wales
4.1 A party may apply for an order for a person to be examined on oath before –
(a) a judge;
(b) an examiner of the court; or
(c) such other person as the court may appoint (see rule 24.7(3)).
(This is subject to rules about mediation evidence in cases to which the Mediation
Directive applies: see rules 35.3 and 35.4)
4.2 The party who obtains an order for the examination of a deponent (see rule 24.7(2)) before an
examiner of the court must –
(a) apply to the Foreign Process Section of the Masters’ Secretary’s Department at the
Royal Courts of Justice for the allocation of an examiner;
(b) when allocated, provide the examiner with copies of all documents in the
proceedings necessary to inform the examiner of the issues; and
(c) pay the deponent a sum to cover travelling expenses to and from the examination
and compensation for loss of time (see rule 24.7(6)).
4.3 In ensuring that the deponent’s evidence is recorded in full, the court or the examiner may
permit it to be recorded on audiotape or videotape, but the deposition (see rule 24.7(2)) must
always be recorded in writing by the examiner or by a competent shorthand writer or
stenographer.
4.4 If the deposition is not recorded word for word, it must contain, as nearly as may be, the
statement of the deponent. The examiner may record word for word any particular questions and
answers which appear to have special importance.
4.5 If a deponent objects to answering any question or where any objection is taken to any
question, the examiner must –
(a) record in the deposition or a document attached to it –
(i) the question;
(ii) the nature of and grounds for the objection;
(iii) any answer given; and
(b) give the examiner’s opinion as to the validity of the objection and must record it in
the deposition or a document attached to it.
The court will decide as to the validity of the objection and any question of costs arising from it.
4.6 Documents and exhibits must –
(a) have an identifying number or letter marked on them by the examiner; and
(b) be preserved by the party or legal representative (see rule 2.3) who obtained the
order for the examination, or as the court or the examiner may direct.
4.7 The examiner may put any question to the deponent as to –
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3. (a) the meaning of any of the deponent’s answers; or
(b) any matter arising in the course of the examination.
4.8 Where a deponent –
(a) fails to attend the examination; or
(b) refuses to –
(i) be sworn; or
(ii) answer any lawful question; or
(iii) produce any document,
the examiner will sign a certificate (see rule 24.9) of such failure or refusal and may include in
the certificate any comment as to the conduct of the deponent or of any person attending the
examination.
4.9 The party who obtained the order for the examination must file the certificate with the court
and may apply for an order that the deponent attend for examination or produce any document, as
the case may be (see rule 24.9(2) and (3)). The application may be made without notice.
4.10 The court will make such order on the application as it thinks fit including an order for the
deponent to pay any costs resulting from the failure or refusal (see rule 24.9(4)).
4.11 A deponent who wilfully refuses to obey an order of the High Court or the county court
made under Part 24 may be proceeded against for contempt of court. (Where a person fails to
attend before a magistrates’ court in answer to a summons issued under section 97 of the
Magistrates’ Court Act 1980, the court may, under certain circumstances, issue a warrant for that
party’s arrest and to bring that party before the court at a time and place specified in the warrant:
see section 97(3) of the 1980 Act.)
4.12 A deposition must –
(a) be signed by the examiner;
(b) have any amendments to it initialled by the examiner and the deponent;
(c) be endorsed by the examiner with –
(i) a statement of the time occupied by the examination; and
(ii) a record of any refusal by the deponent to sign the deposition and of the
deponent’s reasons for not doing so; and
(d) be sent by the examiner to the court where the proceedings are taking place for filing
on the court file.
4.13 Rule 24.13 deals with the fees and expenses of an examiner.
Depositions to be taken abroad for use as evidence in
proceedings before courts in England and Wales (where
the Taking of Evidence Regulation does not apply)
5.1 Where a party wishes to take a deposition from a person outside the jurisdiction, the High
Court may order the issue of a letter of request to the judicial authorities of the country in which
the proposed deponent is (see rule 24.12).
(Rule 35.4(1)(f) deals with letters of request where the Mediation Directive applies)
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4. 5.2 An application for an order referred to in paragraph 5.1 should be made by application notice
in accordance with Part 18 (Procedure for other applications in proceedings).
5.3 The documents which a party applying for an order for the issue of a letter of request must
file with the application notice are set out in rule 24.12(7). They are as follows –
(a) a draft letter of request in the form set out in Annex A to this practice direction;
(b) a statement of the issues relevant to the proceedings;
(c) a list of questions or the subject matter of questions to be put to the proposed
deponent;
(d) a translation of the documents in (a), (b) and (c), unless the proposed deponent is in
a country of which English is an official language; and
(e) an undertaking to be responsible for the expenses of the Secretary of State.
In addition to the documents listed above the party applying for the order must file a draft order.
5.4 The above documents should be filed with the Masters’ Secretary in Room E214, Royal
Courts of Justice, Strand, London WC2A 2LL.
5.5 The application will be dealt with by the Senior Master of the Queen’s Bench Division of the
Senior Courts who will, if appropriate, sign the letter of request.
5.6 Attention is drawn to the provisions of rule 18.11 (Application to set aside or vary order
made without notice).
5.7 If parties are in doubt as to whether a translation under paragraph 5.3(d) is required, they
should seek guidance from the Foreign Process Section of the Masters’ Secretary’s Department.
5.8 A special examiner appointed under rule 24.12(5) may be the British Consul or the Consul-
General or his deputy in the country where the evidence is to be taken if –
(a) there is in respect of that country a Civil Procedure Convention providing for the
taking of evidence in that country for the assistance of proceedings in the High Court
or other court in this country; or
(b) the Secretary of State has consented.
5.9 The provisions of paragraphs 4.1 to 4.12 apply to the depositions referred to in this
paragraph.
Taking of evidence between EU Member States
Taking of Evidence Regulation
6.1 Where evidence is to be taken from a person in another Member State of the European Union
for use as evidence in proceedings before courts in England and Wales Council Regulation (EC)
No 1206/2001 of 28 May 2001 on co-operation between the courts of the Member States in the
taking of evidence in civil or commercial matters (‘the Taking of Evidence Regulation’) applies.
6.2 The Taking of Evidence Regulation is annexed to this practice direction as Annex B.
6.3 The Taking of Evidence Regulation does not apply to Denmark. In relation to Denmark,
therefore, rule 24.12 will continue to apply.
(Article 21(1) of the Taking of Evidence Regulation provides that the Regulation
prevails over other provisions contained in bilateral or multilateral agreements or
arrangements concluded by the Member States.)
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5. Originally published in the official languages of the European Community in the
Official Journal of the European Communities by the Office for Official Publications
of the European Communities.
Meaning of ‘designated court’
7.1 In accordance with the Taking of Evidence Regulation, each Regulation State has prepared a
list of courts competent to take evidence in accordance with the Regulation indicating the
territorial and, where appropriate, special jurisdiction of those courts.
7.2 Where Chapter 2 of this Part refers to a ‘designated court’ in relation to another Regulation
State, the reference is to the court, referred to in the list of competent courts of that State, which is
appropriate to the application in hand.
7.3 Where the reference is to the ‘designated court’ in England and Wales, the reference is to the
appropriate competent court in the jurisdiction. The designated courts for England and Wales are
listed in Annex C to this practice direction.
Central Body
8.1 The Taking of Evidence Regulation stipulates that each Regulation State must nominate a
Central Body responsible for –
(a) supplying information to courts;
(b) seeking solutions to any difficulties which may arise in respect of a request; and
(c) forwarding, in exceptional cases, at the request of a requesting court, a request to the
competent court.
8.2 The United Kingdom has nominated the Senior Master of the Queen's Bench Division, to be
the Central Body for England and Wales.
8.3 The Senior Master, as Central Body, has been designated responsible for taking decisions on
requests pursuant to Article 17 of the Regulation. Article 17 allows a court to submit a request to
the Central Body or a designated competent authority in another Regulation State to take
evidence directly in that State.
Evidence to be taken in another Regulation State for
use in England and Wales
9.1 Where a person wishes to take a deposition from a person in another Regulation State, the
court where the proceedings are taking place may order the issue of a request to the designated
court in the Regulation State (rule 24.16 (2)). The form of request is prescribed as Form A in the
Taking of Evidence Regulation.
9.2 An application to the court for an order under rule 24.16(2) should be made by application
notice in accordance with Part 18 (Procedure for other applications in proceedings).
9.3 Rule 24.16(3) provides that the party applying for the order must file a draft form of request
in the prescribed form. Where completion of the form requires attachments or documents to
accompany the form, these must also be filed.
9.4 If the court grants an order under rule 24.16(2), it will send the form of request directly to
the designated court.
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6. 9.5 Where the taking of evidence requires the use of an expert, the designated court may require
a deposit in advance towards the costs of that expert. The party who obtained the order is
responsible for the payment of any such deposit which should be deposited with the court for
onward transmission. Under the provisions of the Taking of Evidence Regulation, the designated
court is not required to execute the request until such payment is received.
9.6 Article 17 permits the court where proceedings are taking place to take evidence directly
from a deponent in another Regulation State if the conditions of the article are satisfied. Direct
taking of evidence can only take place if evidence is given voluntarily without the need for
coercive measures. Rule 24.16(5) provides for the court to make an order for the submission of a
request to take evidence directly. The form of request is Form I annexed to the Taking of
Evidence Regulation and rule 24.16(6) makes provision for a draft of this form to be filed by the
party seeking the order. An application for an order under rule 24.16(5) should be by application
notice in accordance with Part 18.
9.7 Attention is drawn to the provisions of rule 18.11 (Application to set aside or vary order
made without notice).
Annex A
Draft Letter of Request (where the Taking of Evidence
Regulation does not apply) (see paragraph 5.3(a) above)
To the Competent Judicial Authority of in the of
[name] Senior Master of the Queen’s Bench Division of the Senior Courts of England and
Wales respectfully request the assistance of your court with regard to the following
matters.
2 An application is now pending in the Division of the High Court of Justice in England and
Wales entitled as follows [set out full title and case number] in which [name] of [address] is the
applicant and [name] of [address] is the respondent.
3 The names and addresses of the representatives or agents of [set out names and addresses of
representatives of the parties].
4 The application by the applicant is for –
(a) [set out the nature of the application]
(b) [the order sought] and
(c) [a summary of the facts.]
5 It is necessary for the purposes of justice between the parties that you cause the following
witnesses, who are resident within your jurisdiction, to be examined. The names and addresses of
the witnesses are as follows:
6 The witnesses should be examined on oath or if that is not possible within your laws or is
impossible of performance by reason of the internal practice and procedure of your court or by
reason of practical difficulties, they should be examined in accordance with whatever procedure
your laws provide for in these matters.
7 Either/
The witnesses should be examined in accordance with the list of questions annexed hereto.
Or/
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7. The witnesses should be examined regarding [set out full details of evidence sought]
N.B. Where the witness is required to produce documents, these should be clearly
identified.
8 I would ask that you cause me, or the agents of the parties (if appointed), to be informed of the
date and place where the examination is to take place.
9 Finally, I request that you will cause the evidence of the said witnesses to be reduced into
writing and all documents produced on such examinations to be duly marked for identification
and that you will further be pleased to authenticate such examinations by the seal of your court or
in such other way as is in accordance with your procedure and return the written evidence and
documents produced to me addressed as follows –
Senior Master of the Queen’s Bench Division
Royal Courts of Justice
Strand
London
WC2A 2LL
England
Annex B – Taking of Evidence Regulation
http://www.justice.gov.uk/civil/procrules_fin/contents/form_section_images/practice_directions/p
d34_pdf_tif_gif/pd34_cr_1206_2001.pdf
Annex C
Designated courts in England and Wales under the Taking of Evidence Regulation (see
paragraph 7.3 above)
Area Designated court
London and South Eastern Circuit Royal Courts of Justice (Queen's Bench
Division)
Midland Circuit Birmingham Civil Justice Centre
Western Circuit Bristol County Court
Wales and Chester Circuit Cardiff Civil Justice Centre
Northern Circuit Manchester County Court
North Eastern Circuit Leeds County Court
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