Cross-examination and re-examination.
Notes of evidence.
Objection to evidence.
Note of objection.
Evidence by affidavit.
Admission of affidavit although no cross- examination.
Documentary evidence.
50
RULES OF SUPREME COURT
When the party beginning has concluded his evidence, he sball 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, be shall be eutitled 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 call 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 on the whole case, or be 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
matter.
Where evilence in reply is tendered, and allowed to be given, the reply against whom the same 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 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 viva 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 same is about to be put in, and must be argued and decided at the time.
88. Where a question put to a witness is objected to, the Court, unless the objection appear frivolous, shall take a note of the questiou and objection, if required by either party, and shall mention on the notes whether the question was allowed to be put or not, and the answer to it, if 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 viva voce evidence on his part has been concluded.
90. The Court may, at 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 affidavit, on such terms, if any, as seem just.
91. Documentary evidence must be put in and read, or taken as read by consent.
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