A 412
CAP. 4]
The Rules of the Supreme Court
[1988 Ed.
[Subsidiary]
No. 32
Order for examination within jurisdiction of witness before trial
(O.39 r. 1)
(Heading as in cause or matter)
On hearing (the solicitors on both sides) and on reading the affidavit of
filed herein the............... day of
19........
It is ordered that
a witness on behalf of the
be examined viva voce on oath or affirmation before a
Judge, the Registrar or one of the examiners of the Court (or
Esq., the examiner agreed upon or an examiner to be agreed upon), the plaintiff's (or
defendant's) solicitor giving to the defendant's (or plaintiff's) solicitor
days' notice in writing of the time and place where the examination is to take place (or
state the time and place if fixed by the order). And it is ordered that the depositions
taken at the examination be filed in the Registry of the Supreme Court, and that office
copies thereof may be read and given in evidence on the trial of this cause, saving all
just exceptions, without any further proof of the absence of the said witness than the
affidavit of the solicitor of the party using the same, as to his belief, and that the costs
of this application (and of the examination) be (costs in the cause).
Dated the
day of
19........