1956-HKRS30-8-46_Part08 — Page 31

Amend- ment of

BUMINOMA

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19. Any originating summons, notice of an application for originating ancillary relief, summons, pleading or other document may be amended without leave before service, or with leave after service, subject to any directions as to verification by affidavit, as to re-service or as to consequential amendment of pleadings already filed.

ebc,

Pleadings out of rime.

Partica- lars.

Delivery

of subse- quent pleadings.

Discovery,

20. (1) No pleading shall be filed out of time without leave after the registrar's certificate has been granted under rule 30.

(2) A co-respondent, party cited or person named, whether made a respondent or not, shall not, without leave, be heard to deny any charge of adultery, unless he or she has entered an appearance before the Registrar's certificate has been granted under rule 30.

21. (1) Any party may by letter require any other party to furnish particulars of any allegation or other matter pleaded and, if the other party fails to furnish such particulars within a reason- able time, the party requiring the particulars may apply for an order that particulars be given.

(2) All particulars, whether given in pursuance of an order or ollerwise, shall be filed within twenty-four hours after being furnished to the party requiring them.

22. A copy of every answer (except an answer which is re quired to be served in the same manner as a copy of a petition), and of every reply and subsequent pleading shall, within twenty- four hours after it is filed, be delivered to the opposite partics or their solicitors.

23. (1) Any party to a matrimonial cause may with leave deliver interrogatories in writing for the examination of an opposite party.

(2) A copy of the interrogatories proposed to be delivered shall be lodged in the registry when the summons is issued and a further copy shall be served with the summons.

(3) Interrogatories shall, unless otherwise ordered, be answered by affidavit to be filed within ten days.

(4) Any party to a matrimonial cause may apply for an order for discovery of documents by an opposite party, who may be ordered to make such general or limited discovery on oath as the registrar may think fit.

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24. (1) In proceedings for nullity on the ground of im- Medical potence or incapacity the petitioner shall, after an answer has inspection. been filed, or, if no answer has been filed or appearance entered to the cause, after the expiration of the time allowed for filing an answer or entering an appearance, as the case may be, apply to the registrar for the determination of the question whether medical inspectors of the court should be appointed to examine the parties. Upon such application the registrar shall, it in the circumstances of the case he considers it expedient so to do, appoint a medical inspector, or, if it appears to him necessary, two medical inspectors of the court to examine the parties and to report to the court the result of the examination.

(2) At the hearing of any such proceedings the court, if it thinks fit, may appoint a medical inspector or two medical inspectors, to examine any party who has not been examined or to examine further any party who has been examined.

(3) Notice of the time and place of the inspection shall be served upon the respondent, and service shall be effected and proof of service shall be given in the manner provided for by rules to and in the case of service of a copy of a petition on a respondent:

Provided that where the respondent has appeared by a solicitor service may be effected on the solicitor in the manner provided for by rule 12.

(4) In proceedings for nullity on the ground that the mar- riage has not be consummated owing to the wilful refusal of the respondent to consummate the marriage either party may apply for the appointment of medical inspectors to examine the parties and to report to the court the result of the examination. Upon such application the registrar shall appoint a medical inspector, or, if it appears to him necessary, two medical inspectors of the court, and either of the parties shall be at liberty to submit himself for examination to the inspector or inspectors so appointed.

(5) Every examination under this rule shall, if either party so requires, he held at the residence of the medical inspector, or, as the case may be, of one of the medical inspectors so appointed as aforesaid, or at some other convenient place selected by him or them, and in every other case shall be held at the registry or at such other place as the registrar may direct.