(1)Where the person to be examined resides in New Brunswick, the examination shall take place in the judicial district wherein the proceedings were commenced, unless the parties consent or the court orders that it be held elsewhere.

(2)The examination shall not be held on the premises of a party’s solicitor unless the parties consent.

(1)Where the person to be examined is a party to the proceeding, a Notice of Examination (Form 33A) shall be served upon him, unless he has a solicitor of record, in which case the Notice shall be served upon that solicitor.

(2)Where a person is to be examined on behalf of a party, it shall be sufficient to serve a Notice of Examination on the solicitor of record for that party.

(3)When the person to be examined is not a party and is not being examined on behalf of a party, he shall be served with a Summons to Witness (Form 33B) instead of a Notice of Examination, and service shall be made by leaving a copy with him personally and at the same time paying or tendering to him the proper attendance money as prescribed in Tariff “D” of Rule 59.

(1)A person shall be sworn before he is examined and, where the examination is conducted in New Brunswick, the oath may be administered by a commissioner of oaths.

(2)Where the person being examined understands neither of the official languages, or is deaf or mute, the examining party shall provide a competent and independant interpreter who shall be sworn to accurately interpret the administration of the oath and the questions to be put to the person being examined and his answers.

(3)Where the examination is to be carried out in an official language other than the official language understood by the witness, the examining party shall advise the clerk of the judicial district in which the examination is to be held; the clerk shall then appoint an interpreter, at no cost to the parties, who shall be sworn to accurately interpret the administration of the oath and the questions to be put to the person being examined and his answers.

(1)Where the person to be examined resides outside New Brunswick, the court shall give directions respecting

(2)Where the person to be examined resides outside New Brunswick, is not a party, and is not to be examined as an officer, director or manager of a corporate party, the court shall fix the amount of attendance money to be paid to him and, if requested, the court shall direct the issuance of a Letter of Request (Form 53B).

(3)Where the examination is conducted outside New Brunswick, the oath may be administered by the person before whom the examination is conducted or by any person authorized to take affidavits in New Brunswick or in the place where the examination is conducted.

(1)The person to be examined shall bring to the examination and produce for inspection everything in his possession, custody or control, which is not privileged, and which is specified in the Notice of Examination or the Summons to Witness served upon him, or which he is required to produce by Rule 31.05(2).

(2)Where it is not practicable for the person who is going to be examined to bring with him to the examination anything which he is required to bring under paragraph (1), he shall make it available for inspection by the examining party at some other mutually convenient time and place prior to the examination.

(3)Where a person admits upon his examination that he has in his possession, custody or control anything not previously disclosed which relates to the matters in question in the proceeding and which is not privileged, he shall produce it for inspection by the examinating party

(4)Where, on an examination, a person is examined with respect to anything which may be offered at trial as an exhibit, the court stenographer shall number it and

(5)Where, on an examination, all parties agree that anything be admitted at trial as an exhibit, the court stenographer shall record the agreement and the object shall be admitted at trial as an exhibit without further proof.

(6)At the request of a party, copies of the whole or part of anything marked pursuant to paragraph (4) may be certified by the court stenographer to be copies and attached to the original transcript and all duplicate originals of the transcript. With leave of the trial judge, a certified copy may be used as the original.

(1)Where a person being examined refuses to answer a question, the court stenographer shall record

(2)A ruling with respect to the propriety of the question may be made only by the court, to be obtained

(3)An examination may be adjourned at any time by consent of the parties present in order that a question may be referred immediately to a judge for a ruling with respect to the propriety thereof. The court stenographer shall record the ruling and the examination shall be resumed.

(4)At the request of the examining party, the court stenographer shall immediately deliver to the clerk of the judicial district in which the proceeding is pending, a transcript

(5)Unless ordered otherwise, when the court orders that the question be answered, the objecting party shall pay the party and party costs of the referral and of any further examination.

(6)Any question objected to may, on consent, be answered subject to the objection, in which case a ruling shall be obtained from the court before such evidence is used at a trial or hearing.

(7)An order made under paragraph (2)(a) or (2)(b) may be appealed only to the judge who made the order, by way of notice of motion.

(1)An examination may be adjourned by the person being examined or by any party present or represented on the examination for the purpose of applying to the court for directions as to its continuation, or for an order terminating the examination or limiting its scope where

(2)On a motion under paragraph (1), the court may order the person whose improper conduct necessitated the motion or the person who improperly brought the motion, as may be, to personally pay forthwith the costs of the motion, any costs unnecessarily incurred and the costs of any continuation of the examination. The court may fix those costs or make such other order as may be just.

(1)When requested to do so by a party to the proceeding, the court stenographer shall forthwith prepare a typewritten transcript of the examination and number the questions consecutively.

(2)The court stenographer shall certify as correct the original and every duplicate original of the transcript prepared by him.

(3)A certified transcript shall be receivable in evidence, if otherwise admissible, without proof of the signature of the court stenographer.

(4)Forthwith after the transcript is prepared, the court stenographer shall forward

(4.1)A duplicate original of the transcript may be used for all purposes in place of the original transcript.

(1)Notwithstanding the foregoing provisions of this rule, the person being examined and all parties to the proceeding entitled to notice of the examination may consent to the selection of a person to act as court stenographer and to the time and place of the examination, and to dispense with notice, or they may consent to the length and form of notice to be given.

(2)All of the applicable provisions of this rule apply to an examination, except to the extent that they have been waived by consent.