1988 Ed.] The Rules of the Supreme Court-Order 35

[CAP. 4

A 127

In this paragraph a witness by whom an exhibit is proved includes a witness in the course of whose evidence the exhibit is put in.

(2) The judicial clerk or other officer in attendance at the trial shall cause a list to be made of all the exhibits in the action, and any party may, on payment of the prescribed fee, have an office copy of that list.

(3) The list of exhibits when completed shall be attached to the pleading and shall form part of the record of the action.

(4) For the purpose of this rule a bundle of documents may be treated and counted as one exhibit.

Exhibits retained by Registrar pending appeal (O. 35, r. 12)

(HK)12. (1) Unless the Court otherwise directs, the Registrar shall retain in his custody all exhibits duly marked and labelled until-

(a) the expiration of the time limited by these rules for appealing to the Court of Appeal, or such extended period therefor as may be allowed; and thereafter

(b) in the event of an appeal to the Court of Appeal, the final disposal of such appeal; and thereafter

(c) the expiration of the time limited by Order in Council for applying to the Court of Appeal for leave to appeal to Her Majesty in Council, or such extended period therefor as may be allowed; and thereafter

(d) in the event of the Court of Appeal or Her Majesty in Council giving leave to appeal to Her Majesty in Council, the non-fulfilment of any condition for such leave to appeal or the final disposal of such appeal.

(2) Unless the Court otherwise directs, upon the expiration of the time limited for retention of exhibits fixed under paragraph (1) it shall be the duty of every party to an action who has put in any exhibits, and where represented, of his solicitor on the record, to apply to the Registrar for the return of the exhibits and to collect the same.

Impounded documents (O. 35, r. 13)

13. (1) Documents impounded by order of the Court shall not be delivered out of the custody of the Court except in compliance with an order made by a judge on an application made by motion: Provided that where the Attorney General makes a written request in that behalf, documents so impounded shall be delivered into his custody.

(2) Documents impounded by order of the Court, while in the custody of the Court, shall not be inspected except by a person authorized to do so by an order signed by a judge.

[Subsidiary]

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