Queensland Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 1999 - REG 408

408 Letter of request

(1) This rule applies if the Supreme Court makes an order under the Evidence Act 1977 , section 22 or otherwise for the sending of a letter of request for an examination.

(2) The party obtaining the order must, when the letter of request has been signed—

(a) file the following documents with the registrar—

(i) the letter of request;

(ii) any interrogatories to accompany the letter of request;

(iii) if English is not an official language of the country to whose judicial authorities the letter of request is to be sent—a translation of each of the documents mentioned in subparagraphs (i) and (ii) in an official language of the country appropriate to the place where the evidence is to be taken;

(iv) a copy of each of the documents mentioned in subparagraphs (i) to (iii) ;

(v) an undertaking under rule 409 ; and

(b) unless the court orders otherwise, serve a copy of each of the documents mentioned in paragraph (a) (i) to (iii) on each other party.

(3) A letter of request must be in the approved form.

(4) A translation filed under subrule (2) 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 qualifications for making the translation.