Article 131

Where a party wishes to obtain the evidence of a witness residing outside Eritrea, the High Court may order the issue of a letter of request to the judicial authorities of the country in which the proposed witness may be found.

A letter of request is a request to a judicial authority of a foreign country to take the evidence of that person, or arrange for it to be taken.

If the government of a foreign country allows a person to examine a person in that country, the High Court may make an order appointing a special examiner for that purpose.

A person may be examined under this Article on oath or affirmation or in accordance with any procedure permitted in the country in which the examination is to take place.

If the High Court makes an order for the issue of a letter of request, the party who sought the order must file the following documents and a translation of them:

a draft letter of request;

a statement of the issues relevant to the proceedings; and

a list of questions or the subject matter of questions to be put in the person to be examined.

The High Court may order the party seeking the order for the issue of a letter of request, to pay such a sum of money as appears the High Court in the case concerned to be sufficient to defray the costs of both the letter of request itself as well as the fees and expenses of the examiner of the court as meant by sub-Article (3).