90
RULES OF SUPREME COURT
In answer to the said petition I, C.D., say as follows:--
1.
2. 3.
or
7.
C.D.
C.D., the Defendant, by N.O., his Attorney.
Notice of Transfer of Cause to Hearing Paper.
In Her Britannic Majesty's Court at [Canton]
[Saturday] the
] day of
Between A.B.
and
C.D. and
-
E.F.
-
ו
[
Plaintiff,
Defendants.
18
•
To A.B., the above-named Plaintiff,
for,
To C.D., one of the above-named Defendants].
the
day of
This case will be transferred from the General Hearing List to the Hearing Paper for 18 , and will come on to be heard in its turn on that day, if the business of the Court permits, or otherwise on some adjournment day, of which you will receive no further notice.
You are desired to pay attention to the following directions:-- If the Plaintiff fails to attend in person or by counsel or attorney on the day appointed, the case if called on may be struck out, and the Plaintiff will be liable to pay to the Defendant such costs as may be fixed by the Court. Also, the case must be set down in the General Hearing List afresh, by which the Plaintiff will incur delay and expense.
If the Defendant fails to attend in person or by counsel or attorney on the day appointed, the case if called on may, if the Court so directs, be heard and determined in his absence on the ́ evidence adduced on behalf of the Plaintiff, and the Court will issue
execution on the judgment so obtained.
If either party has any application to make to the Court to postpone the hearing, it should be made as soon as possible, on application for a summons for that purpose, and if the application is based on any matter of fact, as the absence of a material witness or the like, the facts relied on must be set out and verified in one or more affidavit or affidavits filed in the Court before such application. If either party considers that the questions between the parties are not fairly raised or put in issue by the pleadings, or thinks that ⚫ the questions raised are obscure, and that he is prejudiced thereby, be may apply to the Court on summons to settle issues, and such application should be made at once,
The parties are warned that at the hearing they are required to aduce all the testimony, written and oral, which each of them desires to rely on, in support of his own case and in contradiction of that of his opponent. The proof will be required at the hearing and not on a subsequent day, and parties failing to bring their testimony forward at the proper time may find themselves absolutely precluded from adducing it at all, or at best only allowed to do so on payment of substantial costs to the other side, and on such other terms as the Court thinks fit to impose.
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