(i) a request in Form 66, in the Appendix to these Rules with such variations as may be directed in the order for
the issue thereof, together with a translation of the request in the language of the country in which the order is to
be executed,
(ii) a copy of the interrogatories (if any) to accompany the request, and a translation thereof, and
(iii) a copy of the cross-interrogatories (if any), and a translation thereof.
14. Where an order is made for the examination of a witness or witnesses before the Nigerian Diplomatic Agent
in any foreign country with which a Convention in that behalf has been or shall be made, that order shall be in
Form 67 in the Appendix to these Rules which form of order may be varied as may be necessary to meet the
circumstances of the particular case in which it is used.
15. The Court or a Judge in chambers may in any action at any stage of the proceedings order the attendance of
any person for the purpose of producing any writings or other documents named in the order which the Court or
Judge in chambers may think fit to be produced:
Provided that no person shall be compelled to produce under any such order in writing or other document which
he could not be compelled to produce at the hearing or trial.
16. Any person wilfully disobeying any order requiring his attendance for the purpose of being examined or
producing any document shall be deemed guilty of contempt of court, and may be dealt with accordingly.
17. Any person required to attend for the purpose of being examined or of producing any document, shall be
entitled to payment for expenses and loss of time at a trial in Court.
18. Where any witness or person is ordered to be examined before any officer of the Court or before any person
appointed for the purpose, the person taking the examination shall be furnished by the party on whose
application the order was made with a copy of the writ and pleadings, if any, or with a copy of the documents
necessary to inform the person taking the examination of the questions at issue between the parties.
19. The examination shall take place in the presence of the parties their legal practitioners or agents and the
witnesses shall be subject to cross-examination and re-examination but where the parties, their legal practitioners
or agents fail to attend, without good cause, the examination may be proceeded with in their absence.
20. (1) The depositions taken before an officer of the Court or before any other person, appointed to take the
examination, shall be taken down in writing by or in the presence of the examiner, not ordinarily by question and
answer, but so as to represent as nearly as may be, the statement of the witness and when completed shall be read
over to the witness and signed by him in the presence of the parties or such of them as may think fit to attend.
(2) If the witness refuses to sign the depositions, the examiner shall sign them.
(3) The examiner may put down any particular question or answer if there should appear any special reason for
doing so and may put any question to the witness as to the meaning of any answer or as to any matter arising in
the course of the examination.
(4) Any questions which may be objected to shall be taken down by the examiner in the depositions and he shall
state his opinion thereon to the legal practitioners or parties and shall refer to that statement in the deposition, but
he shall not have power to decide upon the materiality or relevancy of any question.
21. If any person duly summoned by subpoena to attend for examination refuses to attend or if, having attended,
he refuses to be sworn or to answer any lawful question, a certificate of the refusal, signed by the Examiner, shall
be filed at the Registry and thereupon the party requiring the attendance of the witness may apply to the Court or
a Judge in chambers ex parte or on notice for an order directing the witness to attend, or to be sworn or to answer
any question, as the case may be.
22. If any witness objects to any question which may be put to him before an examiner, the question so put and
the objection of the witness thereto, shall be taken down by the examiner and transmitted by him to the registrar