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Schedule of documentary evidence to be annexed to pleadings.
Setting aside proceedings for irregularity.
Setting down cases for argument.
Setting down causes for trial.
Notice of trial.
Countermanding notice of trial.
ORDINANCE No. 15 OF 1844.
Supreme Court.
50. And be it further enacted and ordained, that there shall be annexed to the declaration and pleadings, in every civil cause, a schedule of all documents or papers which the plaintiff and defendant respectively propose to give in evidence upon the trial of the said cause, and inspection and copies of all such documents and papers shall be given, if in the possession, or under the control, of either of the parties respectively, to the opposite party, or his attorney, upon his request, and at his expense.
51. And be it further enacted and ordained, that where any proceeding in a cause has been irregular or improper, it shall be competent to the party complaining of the irregularity, before taking any further step therein, to apply to the Court, in term time, to set aside such proceeding, by a motion for a rule of Court, calling upon the opposite party to show cause why the same should not be set aside for irregularity; and the Court, upon service of such rule, shall make such further order therein as shall seem fit.
52. And be it further enacted and ordained, that where after the written pleadings in any suit or action are closed, and the facts therein stated being admitted the law arising therefrom only is disputed, either party may set down the case for hearing in the paper of cases for argument, upon giving seven days notice thereof to his opponent previous to the day for argument; and for that purpose shall give a note thereof to the Registrar of the Court, containing the names of the parties, their counsel, and attorneys, four days at least before the day appointed for argument, and shall at the same time deposit with the said Registrar, for the use of the Court, a written statement of the matters and points of law intended to be argued.
53. And be it further enacted and ordained, that where after the written pleadings in any suit or action are closed, the facts therein stated, whether dependent upon documentary evidence, or otherwise, as well as the law applicable thereto, or the facts alone, are disputed, the plaintiff may forthwith set down the cause in the paper of causes for trial; and for that purpose shall give a note thereof to the Registrar of the Court, containing the names of the parties, their counsel and attorneys, four days at least before the day appointed for trial: and in like manner the defendant may set down the cause for trial, if the plaintiff shall neglect to do so within the term next after that in which issue is joined.
54. And be it further enacted and ordained, that notice of trial shall be given by the party setting down the cause, to his opponent, seven days previous to the day of trial; but where it shall be made to appear to the Court, or to the Chief Justice thereof at chambers, upon the application of either party, that the witnesses in the said cause, or any of them reside out of, or are absent from the said Colony, then it shall be lawful for the said Court, or for the said Chief Justice, to grant such further time for the trial of the said cause, as shall seem reasonable and proper.
55. And be it further enacted and ordained, that the party giving notice of trial may, at any time before the day of trial, countermand the said notice, upon payment of the costs, if any, incurred by his giving such notice and countermand; such costs to be taxed by the Registrar.