33.7 Evidence by deposition before examiner
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(1) A party may apply for an order for a person to be examined before the trial or the hearing of any application in the proceedings.
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(2) In this rule —
“deponent” means a person from whom evidence is to be obtained following any order under this rule; and
“deposition” means the evidence given by the deponent.
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(3) An order under this rule shall be for a deponent to be examined on oath before —
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(a) a judge;
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(b) a legal practitioner who has practised for at least 5 years;
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(c) a magistrate;
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(d) a master;
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(e) a registrar; or
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(f) the Chief Registrar.
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(4) A person listed in paragraph (3) is referred to as an “examiner”.
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(5) The order must state —
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(a) the date, time and place of the examination; and
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(b) the name of the examiner.
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(6) The order may require the production of any document which the court considers may be necessary for the purposes of the examination.
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(7) Rule 2.7 applies to an examination under this rule.
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(8) At the time of service of the order the deponent must be offered or paid travelling expenses and compensation for loss of time in accordance with rule 33.6.
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(9) An application may be made by any party whether or not that party would otherwise call the witness.
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(10) If the application is made by the party who would call the witness to give evidence, the court may order that party to serve a witness statement or witness summary in relation to the evidence to be given by the person to be examined.
• Part 29 contains general rules about witness statements and witness summaries.