I, Michael Hwang, Chief Justice of the DIFC Courts, make the following Order:
In exercise of the powers conferred on me by Article 8(3)(a) of Dubai Law No. 9 of 2004, as amended; and
after having reviewed:
The Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters (1970) [“the Hague Convention”], (to which the UAE is not a signatory state), and
Rules 30.55 to 30.63 of the Rules of the DIFC Courts (RDC) and the Schedule to Part 30 of the RDC, which provide for the Court to order that a letter of request be issued by the Registrar of the DIFC Courts to the judicial authorities in which the proposed deponent is in instances in which a party wishes to take a deposition from a person who is out of the DIFC,
1. This Order may be cited as the Rules of Court Order No. 2 of 2014.
2. By this Order, I amend the Rules of the DIFC Courts 2014 (RDC) so that:
(a) RDC 30.55 to 30.63 and the Schedule to Part 30 of the RDC are repealed. They will be replaced with the following provision, new Rule 30.55:
“Where a party wishes to take a deposition from a person who is out of the DIFC, they should make an application by application notice in accordance with Part 23, accompanied by supporting evidence. The Registry will proceed to give directions as to the requisite procedure to be followed, depending on the jurisdiction in which the taking of evidence is being sought. Parties are put on notice that the taking of evidence abroad may not be feasible in all jurisdictions.”
(b) RDC 30.64 to RDC 30.97 will be renumbered RDC 30.56 to 30.89.
This shall first be reflected in the online version of the RDC, and subsequently in the hardcopies due for publication in early 2015.
3. The amended Rules will come into force on 20 November 2014.
Chief Justice of the DIFC Courts
Issued: 20 November 2014
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