CPR 34 - Witnesses, Depositions + Evidence for foreign courts

Question 1

Meaning of Deposition?

Answer 1

American thing
Deposing someone is to officially call them in and interview them under oath - USA

Question 2

Obtaining evidence before the trial

Answer 2

UK - CPR 34.8 - Done by Judge, examiner of the court or any other person appointed.

Question 3

Cross-x transplant meaning?

Answer 3

You’re doing it at a different point in the scale

Question 4

Can deposition be done in private?

Answer 4

Yes

Question 5

When is witness summons issued?

Answer 5

Issued on the date entered on the summons by the court.

Question 6

Is witness summons binding?

Answer 6

Yes

Question 7

Does hearsay evidence stand in chief?

Answer 7

Yes

Question 8

If you’re requiring a witness to be at court, do you need to cover their expenses/compensation for their time/travel?

Answer 8

Yes

Question 9

What happens if you ignore summons?

Answer 9

You’ll be fined unless you have a good reason, in which court might just tell you to send in your witness statement

Question 10

Can you get deposition if it’s out of jurisdiction?

Answer 10

Yes, you have to write to the equivalent court in whatever country and ask them to arrange the deposition.

Question 11

Will a fee will be charged for the examination?

Answer 11

Yes

Question 12

Hague convention

Answer 12

If you’re not part of it, it’s not worth sending deposition/letter to the court in other jurisdiction cus they’ll just ignore it

Question 13

Fun fact - if you’re gonna run off with your kid without telling your wife (kidnap), go to non-hague convention country cus they won’t respect UK law/requests, you’ll basically get away with kidnap