(1) This rule applies where —
(a) a witness claims a right to withhold evidence; and
(b) that claim is contested.
(2) The examiner may require the witness to give the evidence to which the claim relates.
(3) If the examiner does not do so the person who obtained the order under rule 73.2 may apply to the court to do so.
(4) Such an application may be made without notice.
(5) If such evidence is taken —
(a) it must be recorded in a document separate from that witness' deposition;
(b) the examiner must send to the court office with the deposition —
(i) that document, and
(ii) a statement signed by the examiner setting out the claim and the ground on which it was made;
(c) on receipt of the document the court office must, notwithstanding anything in rule 73.5 —
(i) retain the document containing the evidence to which the claim related, and
(ii) send the statement with a request to determine the claim to the foreign court or tribunal with the documents mentioned in rule 73.5.
(6) If the claim is rejected by the foreign court or tribunal, the court office must send to that court or tribunal the document containing the evidence to which the claim related.
(7) If the claim is upheld the court must send the document to the witness.
(8) In either case the court must notify the witness and the person who obtained the order under rule 73.2 of the court's or tribunal's determination.