UNIFORM CIVIL PROCEDURE RULES 2005 - REG 24.18 Perpetuation of testimony

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 24.18

24.18 Perpetuation of testimony

(cf SCR Part 27, rule 13; DCR Part 25, rule 19)

(1) Witnesses may not be examined to perpetuate testimony unless proceedings to perpetuate that testimony have been commenced.

(2) Any person may commence proceedings to perpetuate testimony that may be material for establishing any right or claim to any relief, which right or claim cannot be established before the happening of a future event.

(3) If proceedings to perpetuate testimony touch any matter or thing in which the Crown may have an interest, the Attorney General may be made a defendant.

(4) If, under subrule (3), the Attorney General is made a defendant to proceedings to perpetuate testimony, evidence taken in those proceedings is not inadmissible in other proceedings just because the Crown was not a party to the proceedings to perpetuate testimony.

(5) Subrule (2) does not affect the right of any person to commence proceedings to perpetuate testimony in cases to which that subrule does not apply.