AD. 1901.]
CODE OF CIVIL PROCEDURE.
[No. 3.
appear when the cause is called on, the defendant shall be entitled to Judgment dismissing the action, but if he has a counterclaim, then he may prove such counterclaim so far as the burden of proof lies upon him.
Order of Proceedings at Trial.
709
H. K. Code, O. 36 r. 32... 8. 61 (8.)
305. The order of proceedings at the trial of a cause shall be as follows:
(1.) the plaintiff shall read the pleadings or state the substance thereof, as the Court may direct;
(2.) the party upon whom the burden of proof lies shall begin; he shall address the Court and open his case;
(3.) the party beginning shall then produce his evidence and examine his witnesses in chief;
(4.) when the party beginning has concluded his evidence, he shall ask the other party if he intends to produce evidence (in which term is included evidence by affidavit or taken by commission or on deposition, and documentary evidence not already read or taken as read); if answered in the negative, he shall be entitled to sum up the evidence already given and comment thereon; but if answered in the affirmative, he shall wait for his general reply;
(5.) when the party beginning has concluded his case, the other party shall be at liberty to address the Court, and to produce his evidence and examine his witnesses in chief, and to sum up the evidence already given and comment thereon;
(6.) if no evidence is produced by the latter party, the party beginning shall have no right to reply, unless he has been prevented from summing up his case by the statement of the other party of his intention to produce evidence;
(7.) the case on both sides shall then be considered closed;
(8.) if the party opposed to the party beginning produces evidence, the party beginning shall be at liberty to reply generally on the whole case, or he may produce fresh evidence in reply to the evidence given on the other side, on points material to the determination of the issues or any of them, but not on collateral matters;
(9.) where evidence in reply is tendered and allowed to be given, the party against whom the same has been adduced shall be at liberty to address the Court, and the party beginning shall be entitled to the general reply; and
(10.) each witness after examination-in-chief shall be subject to cross-examination by the other party and to re-examination by the party calling him, and after re-examination may be questioned by the Court, and shall not be recalled or further questioned, except by leave of the Court.
Order of proceedings at trial of cause.
H. K. Code, s. 62 (1.)-(10.)