6829Letter of request

6829 Letter of request (1) This rule applies if an examination order is made for the issue of a letter of request to the judicial authority of a place outside the ACT. (2) The party obtaining the order must give the registrar— (a) a draft of the letter of request; and (b) any interrogatories and cross-interrogatories to accompany the letter of request; and (c) if the place is a foreign country where English is not an official language—a written translation, in an official language of the country, of the documents mentioned in paragraphs (a) and (b); and (d) the further copies of each of the documents mentioned in paragraphs (a) and (b) that the registrar directs; and (e) an undertaking in accordance with subrule (5). (3) The translation mentioned in subrule (2) (c) must be certified, in writing, by the person making it to be a correct translation of the (4) The certificate of the person making the translation must also state the person’s full name and address and qualifications for making the translation. (5) The undertaking given to the registrar under subrule (2) must be an undertaking by the party obtaining the order, or the party’s solicitor— (a) to be responsible for all expenses incurred by the court, or by anyone at the court’s request, in relation to the letter of request (the incurred expenses); and (b) to pay the registrar the amount of the incurred expenses on being given an account of them by the registrar. Rule 6830 (6) Despite the making of the order and subrules (2) (e), the registrar may— (a) require the person giving the undertaking to provide security, in a form satisfactory to the registrar, for the anticipated expenses in relation to the letter of request; and (b) refuse to take action in relation to the letter of request until the security is provided. (7) The person giving the undertaking must pay the amount of the incurred expenses to the registrar not later than 7 days after the day the person is given an account of them by the registrar. (8) If the amount of the incurred expenses is not paid in accordance with subrule (7), the court may, on its own initiative— (a) order the party who obtained the order to pay the unpaid amount of the incurred expenses; and (b) if the party is a plaintiff—stay the proceeding, until the unpaid amount is paid, to the extent that it relates to all or part of a claim for relief by that party; and (c) if the party is a defendant—make any order it considers appropriate, including an order that, until the unpaid amount is paid, the defendant be taken not to have filed a notice of intention to respond or defence or not be allowed to use in evidence any deposition of a witness obtained under the letter of request.