Court Procedures Rules 2006

This rule applies if—

the examiner is not a judicial officer of a court; and

either—

a party to the proceeding objects to a question put to a person being examined; or

a person being examined objects to answering a question or producing a document or thing.

The examiner must state to the parties the examiner’s opinion, but must not decide, on the validity of the objection.

The following matters must be set out in the deposition under rule 6822 (Recording evidence of examination) of the person examined, or in a statement attached to the deposition:

the question;

the ground for the objection;

the examiner’s opinion;

except if the objection is based on privilege, the answer.

On application by a party, the court may decide the validity of the objection.

Pt 6.2 (Applications in proceedings) applies to an application under r (4).

If the court disallows the objection, it may—

remit the examination back to the examiner with any necessary direction about the conduct of the examination; and

make an order for the costs caused by the objection, including an order for costs against the person being examined.