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77.1 (1) This Part deals with the procedure by which evidence may be

obtained from a witness in Trinidad and Tobago for the purpose

of proceedings in a court or tribunal outside the jurisdiction.

(2) In this Order "the Act of 1856" means the Foreign Tribunals

(Evidence) Act, 1856 and the "Act of 1859" means the Evidence

by Commission Act 1859.

(3) The power of the High Court to make an order under the

Acts of 1856 or 1859 may be exercised by a Judge in Chambers or master.

Application for order

77.2 (1) Subject to paragraph (3) and rule 3, an application for an

order under the Acts of 1856 or 1859 must be made

without notice but be supported by evidence.

(2) There must be exhibited to the affidavit the request in pursuance of which the application is made, and if the request is not in the English language, a translation thereof in that language.

(3) After an application has been made under paragraph (1)

any application for a further order or directions must be

on notice.

Application by Attorney General in certain cases

77.3 Where a request -

(a) is received by the Minister with responsibility for External

Affairs and sent by him to the court office with an intimation that effect should be given to the request without requiring an application for that purpose to be made by the agent in Trinidad and Tobago of any party to the matter pending or contemplated before the foreign court or tribunal; or

(b) is received by the court in pursuance of a Civil Procedure Convention providing for the taking of the evidence of any person in Trinidad and Tobago for the assistance of a court or tribunal in the foreign country, and no person is named in the document as the person who will make the necessary application on behalf of such party,

the court office must send the document to the Attorney General.

Person to take and manner of taking examination

77.4 (1) Any order made in pursuance of this Part for the examination of

a witness may order the examination to be taken before any fit

and proper person nominated by the person applying for the

order or before an examiner of the court or before such other

qualified person as to the court seems fit.

(2) Subject to rule 6 and to any special directions contained in any

order made in pursuance of this Part for the examination of any

witness, the examination must be taken in manner provided by

Rules 34. 8 to 17 and an order may be made Rule 34.15, for

payment of the fees and expenses due to the examiner.

Dealing with deposition

77.5 Unless any order made in pursuance of this Part for the examination of any witness otherwise directs, the examiner before whom the examination was taken must send the deposition of that witness to the court, and the court must -

(a) give a certificate sealed with the seal of the Supreme

Court identifying the documents annexed thereto, that is

to say, the request, the order of the court for examination and the deposition taken in pursuance of the order; and

(b) send the certificate with the documents annexed thereto

to the Minister with responsibility for External Affairs,

or, where the request was sent to the court office by

some other person in accordance with a Civil Procedure

Convention, to that other person, for transmission to the

court or tribunal out of the jurisdiction requesting the

examination.

Claim to privilege

77.6 (1) The provisions of this rule have effect where a

claim by a witness to be exempt from giving any

evidence on the ground of a claim of right to withhold

evidence is not conceded.

(2) The examiner may, if he thinks fit, require the witness to

give the evidence to which the claim relates and, if the

examiner does not do so the Court may do so, on the

application of the person who obtained the order

under rules 77.2 or 77.3.

(3) Such an application may be made without notice.

(4) If such evidence is taken—

(a) it must be contained in a document separate from

the remainder of the deposition of the witness;

(b) the examiner must send to the court with the

deposition a statement signed by the examiner

setting out the claim and the ground on which it

was made;

(c) on receipt of the statement the court must,

notwithstanding anything in rule 5, retain the

document containing the part of the witness’s

evidence to which the claim relates and must

send the statement and a request to determine the

claim to the foreign court or tribunal with the

documents mentioned in rule 5.

(d) if the claim is rejected by the foreign court or tribunal,

the court office must send to that court or tribunal the

document containing that part of the witness’s evidence

to which the claim relates, but if the claim is upheld it

must send the document to the witness, and must in

either case notify the witness and the person who

obtained the order under rules 77.2 or 77.3 of the court

or tribunal’s determination.