SCHEDULE 1The Rules of the Supreme Court (Northern Ireland) 1980

TRIAL

ORDER 39EVIDENCE BY DEPOSITION

Perpetuation of testimony15

1

Witnesses shall not be examined to perpetuate testimony unless an action has been begun for the purpose.

2

Any person who would under the circumstances alleged by him to exist become entitled, upon the happening of any future event, to any honour, title, dignity or office, or to any estate or interest in any real or personal property, the right or claim to which cannot be brought to trial by him before the happening of such event, may begin an action to perpetuate any testimony which may be material for establishing such right or claim.

3

No action to perpetuate the testimony of witnesses shall be set down for trial.