And I further beg to request that you will cause me or the agents of the parties if appointed to be informed of
the date and place where the examination is to take place.
Dated the ……………………. day of ……………..20………………………
……………………………
Chief Judge
FORM 19
(0.20 r. 7)
ORDER FOR APPOINTMENT OF THE NIGERIAN DIPLOMATIC AGENT AS SPECIAL
EXAMINER (IN CONVENTION COUNTRY)
(Heading as in Form No. 1)
Upon hearing the legal practitioners
of……………………………
on
both
sides
and
upon
reading
the
affidavit
It is ordered that the Nigerian Diplomatic Agent or his Deputy at …………………………be
appointed as Special Examiner for the purpose of making the examination, cross-examination, and re
examination, viva voce, on oath or affirmation, of……...............witnesses on the part of
the…………………………at ………………………….aforesaid. The examiner shall be at liberty to invite
the attendance of the said witnesses and the product ion of documents, but shall not exercise any compulsory
powers; otherwise such examination shall be taken in accordance with the Nigerian Federal High Court
Procedure. The………………………legal practitioners to give to the………………………..legal
practitioners………………………….days notice in writing of the date on which they propose to sent out
this order to…………………for execution and that…………………….days after the service of such
notice the legal practitioners for the plaintiffs and defendants respectively do exchange the names of
their agents at……………….to whom notice relating to the examination of the said witnesses may be
sent. That……………………days (exclusive of Sunday) prior to the examination of any witness hereunder
notice of such examination shall be given by the agent of the party on whose behalf such witness is to be
examined to the agent of the other party un less such notice In- dispensed with). That the depositions when taken
together with any documents referred to therein or certified copies of documents, or of extracts there from,
be transmitted by the examiner under seal, to the Chief Registrar of the Federal High Court of Nigeria, on
or before the………………….day of…………………………next, or such further or other days as may
be ordered, there to be filled in the proper office. That either party be at liberty to read and give such depositions
in evidence on the trial of this action, saving all just exceptions. That the trial of this action be stayed until the
filing of such depositions. That the costs incidental to this application •in I such examination be costs in the action.
Note: If the Convention requires that the invitation or notice of the witnesses must expressly state that no
compulsory powers may be used, these requirements must be complied with.