(1)Letters of request should always set forth the following(a)the names of the parties to the proceedings, with an indication of the nature of the action in which the evidence is required;(b)the names, addresses and descriptions of the witnesses whose evidence is desired;(c)either (i) the exact interrogatories which it is desired to put to the witnesses, or the documents, etc., whose production is desired, or (ii) a clear and concise explanation of the exact points on which it is desired that the witnesses should be examined, or (iii) a request that notice should be given to the representatives of the parties to the action of the time when and of the place where evidence is to be taken, and that representatives of the parties should be allowed to put such questions to the witnesses as they may desire.(2)A translation of the letters of request and of the interrogatories and of all accompanying documents into the language of the country in which the witness resides must be furnished by the litigants. Two copies of such translations are sometimes necessary and in all cases convenient. If documents are sent they should be accompanied by a descriptive list thereof.Note. - Letters of request and accompanying documents should be sewn together in a parchment paper cover down the left hand side, the ends of silk, tape or thread with which they are sewn being brought out on to the front cover and the ends scale down with the Court seal.(3)Foreign Courts should not be asked in the letter of request to name and appoint expert to give evidence, or themselves to collect evidence.(4)When it is not possible to ascertain the particular foreign Court to which the letter of request should be addressed, the name of the Court may be left blank so as to be filled in by the Registrar, High Court of Madhya Pradesh, or the Indian representative in the foreign country.(5)It is to be noticed that in letters of request it is not proper to fix a day for the return of the evidence. When it is known that neither party proposes to attend at the taking of the evidence, this should be stated in the covering letter forwarding the letter of request, as it may avoid delay.(6)Neither commissions nor letters of request should be ordered to issue abroad unless there is sufficient time for the execution to be completed before the hearing of the cause or matter in which the evidence is to be used.(7)Foreign Courts will not usually charge any fees .for their service in executing letters of request, but they are entitled to the repayment of any out-of-pocket expenses actually incurred in obtaining the evidence for the Indian Courts. The letter should, therefore, before they issue a letter of request, take such steps as are necessary to ensure that they will be able to meet and defray any proper claim by a Foreign Court for such out-of-pocket expenses, and the Secretary, Ministry of External Affairs, will desire to be informed that this has been done before he forwards the letter of request through the diplomatic channel.
