FORM 18
(O.20r.6(b))
LETTER OF REQUEST RO TAKE EVIDENCE (CONVENTION COUNTRY)
(Heading as in Form 1)
To the competent judicial authority of…………………… in the …………… of……………………
Whereas a civil (commercial) action is now pending in the ………………….Judicial Division
of the Federal High Court of the Federal Republic of Nigeria, in which……………………………is
the plaintiff and ………………………..is the defendant.
And in the said action the plaintiff claims…………………………………………...
And whereas it has been represented to the said Court that it is necessary for the purpose of justice and for
the due determination dispute between the parties, that the following persons should be examined as witnesses
upon oath touching such matters, that is ………………………… of ………………… and
……………… of (full address) …………………….. and it appears that such witnesses are resident with
your junction.
Now, I ……………….the Chief Judge of the Federal High Court of the Federal Republic of Nigeria,
have the honour to request, and do hereby request, that for the reasons aforesaid and for the assistance of
the said Court, you will be pleased to summon the said witnesses (and such other witnesses as the agents
of the said plaintiff and defendant shall humbly request you in writing to so summon) to attend at such
time and place as you shall appoint before you, or such other person as according to your procedure is
competent to take the examination of witnesses, and that you will cause such witnesses to be examined (upon
the interrogatories which accompany this letter of request and viva voce) touching the said matters in
question in the presence of the agents of the plaintiff and defendant or such of them as shall on due notice
give, attend such examination.
And I further have the honour to request that you will permit the agents of both the said plaintiff and
defendant or such of them as shall be present to be at liberty to examine (upon interrogatories and viva
voce upon the subject-matter thereof or arising out of the answers thereto) such witnesses as may, after due
notice in writing, be produced on their behalf, and give liberty to the other party to cross-examine the said
witnesses (upon cross-interrogatories and viva voce upon the subject-matter thereof or arising out of the
answers thereto) such witnesses as may, after due notice in writing, be produced on their behalf, and give
liberty to the other party to cross-examine the said witnesses 9upon cross-interrogatories and viva voce)
and the party producing the witnesses for examination, liberty to re-examine him viva voce.
And I further have the honour to request that you will be pleased to cause the answers of the said witnesses
and all additional viva voce questions, whether in examination, cross-examination or re-examination the
evidence of such witnesses to be reduced into writing and all books, letter, papers and documents
produced upon such examination to be duly marked for identification, and that you will be further pleased to
authenticate such examination by the seal of your tribunal, or in such other way as is in accordance with
your procedure, and to return the same together with (the interrogatories and cross-interrogatories) and a
note of the charge and expenses payable in respect of the execution of this request, through the Ministry of
Foreign Affairs from whom the name was received for transmission to the said Federal High Court of Nigeria.