Page 333 Page 333
**2088-CIktaination and -de-examination
Noter of evidence.
· Anjection to evidence,
"Nots of objection,
13 vioence by affidavit.
Admission of affidavit although 10 cruss -examination.
*Documentary evidence.
50
RULES OF SUPREME COURT
When the party beginning has concluded his evidence, he shall ask the other party if he intends to call evidence (in which terms is included evidence taken by affidavit or deposition, or under commission, and documentary evidence not already read or taken as read); and 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.
When the party beginning has concluded his case, the other party shall be at liberty to address the Court, and to call evidence, and to sum up and comment thereon.
If no evidence is called or read by the latter party, the party beginning, (saving the right of the Crown,) 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 cull evidence.
The case on both sides shall then be considered closed.
If the party opposed to the party beginning calls or reads evidence, the party beginning shall be at liberty to reply generally ou the whole case, or he may call 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.
Where evidence in reply is tendered, and allowed to be given, the party against whom the sanie has been adduced shall be at liberty to address the Court, and the party beginning shall be entitled to the general reply.
85. Each witness, after examination in chief, shall be subject to cross-examination by the other party, and to examination by the party calling him, and after re-examination may be questioned by the Court, and shall not be recalled or further questioned save through and by leave of the Court.
86. The Court shall take a note of the substance of the vira voce evidence in a narrative form, but shall put down the terms of any particular question or answer, if there appears any special reason for doing so.
No person shall be entitled as of right, at any time or for any purpose, to inspection or a copy of the Court's notes.
87. All objections to evidence must be taken at the time the question objected to is put, or, in case of written evidence, when the samie is about to be put in, and must me argued and decided at the time.
88. Where a question put to a witness is objected to, the Court, uuless the objection appears frivolous shall take a note of the question and objectiou, if required by either party, and shall mention on the notes whether the question was allowed to be put or not, and the auswer to it, ᎥᏝ put.
89. Where any evidence is by affidavit, or has been taken by commission, or on deposition, the party adducing the same may read and comment on it, either immediately after his opening, or after the vică roce evidence on his part has been concluded.
90. The Court may, in its discretion, if the interest of justice appear absolutely so to require (for reasons to be recorded in the minutes of proceedings), admit an affidavit in evidence, although it is shown that the party against whom the affidavit is offered in evidence had no opportunity of cross-examining the person making the ailidavit, on such terms, if any, as seem just.
91. Dacumentary evidence must be put in and read, or taken as read by consent.
Page 333 Page 333
:
Digitized by
Page 333 Page 333