Order (To Take Evidence Abroad)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x Plaintiff, - against - ____ Civ. _______ ( ORDER ) Defendant. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x Upon reading and filing the affidavit of ________________________________, dated _________________, ________, and the exhibits annexed thereto, and it appearing that the testimony of _____________________________, a resident of _________________, as a witness is material and necessary to the issues of this action and that the testimony of a witness located within the United States of America may be taken by parties pursuant to a subpoena issued by the Clerk of Court, NOW, upon motion of _______________________________, by ________________________, attorneys for ______________________________, for an order pursuant to Federal Rule of Civil Procedure 28(b) directing issuance of a letter rogatory for the taking of the deposition upon oral examination of _______________________________, it is hereby ordered as follows: 1. The Clerk of this Court shall issue a letter rogatory for the taking of the deposition upon oral examination of _______________________________ as a witness in this action. American LegalNet, Inc. www.FormsWorkFlow.com 2. The appropriate judicial authority in _________________________ is hereby authorized to take and report the deposition of _______________________________ and shall have the power by virtue of the letter rogatory to administer any necessary oath and to take and report testimony. SO ORDERED. Dated: New York, New York ______________, _____ ______________________________________________ United States District Judge SDNY Web 4/99 -2- American LegalNet, Inc. www.FormsWorkFlow.com