(1) If a party wishes to take a deposition from a party outside the jurisdiction, the court may direct the issue of a letter of request to the judicial authorities of the country in which the proposed deponent is.
(2) A letter of request is a request to a judicial authority to take the evidence of that person, or arrange for it to be taken.
(3) If the government of the country to which the letter of request is sent allows a person appointed by the court to examine a person in that country, the court may make an order appointing an examiner for that purpose.
(4) A person may be examined under this rule on oath or affirmation or in accordance with any procedure permitted in the country in which the examination is to take place.
(5) If the court makes an order for the issue of a letter of request, the party who sought the order must file —
(a) the following documents and, except where paragraph (6) applies, a translation of these —
(i) a draft letter of request,
(ii) a list of questions or the subject matter of questions to be put to the person to be examined, and
(iii) a statement of the issues relevant to the proceedings; and
(b) an undertaking to be responsible for the expenses of the minister with responsibility for foreign affairs in relation to the request.
(6) There is no need to file a translation if English is one of the official languages used in the court of the country to which the request is to be sent where the examination is to take place and the record is produced in English.