52Procedure

52 Procedure

52.1 Procedure

(cf SCR Part 58, rule 1)

(1) Proceedings for an order under section 33 of the Evidence on Commission Act 1995 in relation to a matter pending before a requesting court may be commenced in the Supreme Court—

(a) by a person nominated for that purpose by the requesting court, or

(b) if no person is so nominated, by the Attorney General.

(2) In proceedings for such an order, no person is required to be joined as a defendant.

(3) If proceedings for such an order have been commenced in relation to a matter pending before a requesting court, any other application for such an order in relation to the same matter is to be made by notice of motion in the proceedings.

(4) Rules 52.2–52.5 have effect unless the Supreme Court otherwise orders.

rules 52.1–52.4: Ins 2007 (501), Sch 1 [7].