4-JUL-91
THU
9:29 MIKE
KINGSTON
P
04 '91 08:36
07. 03. 91 12:47 PM
BOASE & COHEN 852-5295035
168 P11
P11
:
Under the civil Rules, Rule 30 governs the taking of
depositions. It specifically provides that "[a] party desiring to
take the deposition of any person upon oral examination shall giv.
reasonable notice in writing to every other party to the action."
While it may be the case that Osman is technically not yet a party
to tha Hong Kong criminal proceeding, he was Bufficiently
identified in the latters of Request as an adverse party that under
tha civil Rulan
should have been given notice
the
depositions. Saa algo Fed. R. Civ. P. 27(a) (2)
R. Civ. P. 27(a)(2) (providing for
ha
Of
notice to "expected adverse party" where deposition is taken prior
to instituting action).
Thus, unless the Orders prescribed procedures other tha
the Civil Rules for taking the bank representatives' depositions
Osman is correct in his assertion that the depositions were no
conducted in conformity with the applicable procedures.
C The Orders Did Not Adopt the Rules of Criminal Procedu for the Taking of Depositions.
may bumi dulu mazon and Septemb Orders specifically provided for use of the Federal Rules
Criminal Procedure in place of the Civil Rules called for und § 1782, and that under the Criminal Rules Osman was not entit
to notice of the depositions, Under this theory, the axpli
reference in the orders to Criminal Rule 17(c) constituted
ấy - JUL-91 THU
01:35
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852 529 5835
P.