Land
Sk
Postponement of Hearing.
The court may at any time on a summons taken out by any party postpone the hearing of a cause set down, on being satisfied by evidence on oath that the postponement will have the effect of better ensuring the hearing and determination of the questions between the parties on the merits.
Where such an Application is made on the ground of the absence of a witness, the court shall require to be satisfied that his evidence is material and that he is likely to return and give evidence within a reasonable time.
Where such an Application is made for the purpose of enabling the party applying to obtain the evidence of a witness resident out of the Jurisdiction, the court shall require to be satisfied that the evidence of the witness is material, and that he is likely to give evidence, and that he is permanently residing out of the Jurisdiction, or does not intend to come within the Jurisdiction within a reasonable time. The party making such Application must also apply for an order for the examination of such witness out of the Jurisdiction, or for leave to use an affidavit to be made by such witness as evidence at the hearing.
Hearing List and Hearing Paper.
There shall be kept a General Hearing List for causes and a Hearing paper.
When a cause is set down for Hearing it shall be placed in the General Hearing List, and shall be transferred to the Hearing Paper strictly in its turn and order, according as the General Hearing List becomes exhausted.
The regular order shall in no case be departed from without special direction.
When a cause is about to be transferred from the General Hearing List to the Hearing paper, notice shall be served on the parties (Form 7.); and unless the court in any particular case directs otherwise, ten days shall be allowed between service of such notice and the day of Hearing.
When any cause or matter has been specially directed by the court to be heard on a particular day, or out of its ordinary turn, the name of the cause or matter shall be placed in the Hearing paper with the words "by order" subjoined.
In case of any adjournment of the hearing from the day appointed in the hearing paper by reason of the preceding causes in the hearing paper not having been got through, or under any Order of the court made during the sitting on that day, no further notice to either party of the adjournment day shall be requisite; and the adjournment day shall, unless otherwise ordered by the court, be the next Ordinary court day.
Sittings of Court.
The Sittings of the court for the hearing of causes shall be, where the amount of the business so warrants, held on fixed and stated days.
The court may, at its discretion, appoint any other day or days from Time to Time for the hearing of causes, as circumstances require.
The Sittings of the court for the hearing of causes shall ordinarily be public; but the court may, for a reason to be specified by it on the minutes, hear any particular cause or matter in the presence only of the parties and their legal advisers and the Officers of the Court.
Page 343
Land
Sk
Postponement of Hearing.
The court may at any time on a summons taken out by any party postpone the hearing of a cause set down, on being satisfied by evidence on oath that the postponement will have the effect of better ensuring the hearing and determination of the questions between the parties on the merits.
Where such an Application is made on the ground of the absence of a witness, the court shall require to be satisfied that his evidence is material and that he is likely to return and give evidence within a reasonable time.
Where such an Application is made for the purpose of enebling the party applying to obtain the evidence of a wituess resident out of the Jurisdiction, the court shall require to be sa- tisfied that the evidence of the witness is material, and that he is likely to give evidence, and that he is permanently residing out of the Jurisdiction, or does not intend to come within the Jurisdic- tion within a reasonable time. The party making such Applica tion must also apply for an order for the examination of such witness out of the Jurisdiction, or for leave to use an affidavit to be made by such witness as evidence at the hearing.
Hearing List and Hearing Paper.
There shall be kept a General Hearing List for causes and a Hearing paper.
When a cause is set down for Hearing it shall be placed in the General Hearing List, and shall be transferred to the Hearing Paper strictly in its tarn and order, according as the General Hearing List becomes exhausted.
The regular order shall in no case be departed from without special direction.
When a cause is about to be transferred from the General Hearing List to the Hearing paper, notice shall be served on the parties (Form 7.); and unless the court in any particular case directs otherwise, ten days shall be allowed between service of such notice and the day of Hearing.
When any cause or matter has been specially directed by the court to be heard on a particular day, or out of its ordinary turn, the name of the cause or matter shall be placed in the Hearing paper with the words "by order" subjoined.
In case of any adjournment of the hearing from the day appointed in the hearing paper by reason of the preceding causes in the hearing paper not having been got through, or under any Order of the court made during the sitting on that day, no further notice to either party of the adjournment day shall be requisite; and the adjournment day shall, unless otherwise ordered by the court, be the next Ordinary court day.
Sittings of Court.
.The Sittings of the court for the hearing of causes shall be, where the amount of the business so warrants, held on fixed and stated days.
The court may, at its discretion, appoint any other day or days from Time to Time for the hearing of causes, as circumstances require.
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The Sittings of the court for the hearing of causes shall ordinarily be publie; but the court may, for a reason to be specified by it on the minutes, hear any particular cause or matter in the presence only of the parties and their legal advisers and the Officers of the Court.
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