Drafting note for application notice for a letter of request under the Hague Evidence Convention

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  • Drafting note for application notice for a letter of request under the Hague Evidence Convention

Drafting note for application notice for a letter of request under the Hague Evidence Convention

Introduction

Application notice (Form N244)

Application notice—Commercial Court (Form N244(CC)) (Word)

These Drafting Notes are to be used in conjunction with Form N244 and are not designed for use with Form N244(CC). The application should be made in accordance with CPR 23.

General points

The Hague Evidence Convention has a number of contracting states including the UK, a number of EU Member States and the United States of America. To check whether the Hague Evidence Convention applies in the matter you are dealing with, see: Cross-border evidence—which evidence regime applies?—checklist.

The application needs to be made in the High Court (CPR 34.13(1A). This is so even if the evidence is required for County Court proceedings (CPR 34.13(3).

The form should be filled in with the details of the court proceedings.

Question 3 of the application notice—order

Set out the order you require. Proposed wording for this application is:

1. The Applicant intends to apply for an order pursuant to CPR Part 34.13(3) that:

1.1. A letter of request be issued to the competent judicial authority of [Country] for the examination of [insert names of witness(es)] of [insert last known address of witness(es)] on the Applicant’s behalf.

1.2. These proceedings be stayed until the return of the letter of request and examination

1.3 The costs of this application, letter of request and examination be

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