Directory_and_Chronicle_1879 — Page 622

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CODE OF CIVIL PROCEDURE-HONGKONG.

it may be most convenient to refer such examination, as to the matters concerning which he has refused to make an affidavit; and the Court may, if it think fit, make such order for the attendance of such person before the person therein appointed to take such examination, for the purpose of being examined as aforesaid, and for the production of any writings or documents to be mentioned in such order, and may thereupon impose such terms as to such examination, and the costs of the application and proceedings therein, as it shall think just.

6.-Upon the application of either party to any suit or other civil proceeding upon an affidavit of such party of his belief that any document, to the production of which he is entitled for the purpose of discovery or otherwise, is in the possession or power of the opposite party, it shall be lawful for the Court to order that the party against whom such application is made, or if such party is a body corporate, that some officer to be named of such body corporate, shall answer on affidavit, stating what documents he or they has or have in his or their possession or power relating to the matters in dispute, or what he knows as to the custody they or any of them are in, and whether he or they objects or object (and if so on what grounds), to the production of such as are in his or their possession or power; and upon such affidavit being made, the Court may make such further order thereon as shall be just.

7. All such interrogatories, answers, depositions, and affidavits as aforesaid, shall be filed in Court in the suit or other civil proceeding, and the evidence so taken may be used at the hearing thereof, saving just exceptions.

CHAPTER VI.—INTERLOCUTORY PROCEEDINGS.

Motion and Summons.

XLII.-Interlocutory applications may be made at any stage of a suit or pro-

ceeding.

2. They shall be made either by motion in Court or by summons in chambers, and shall be headed in the suit or other proceeding.

3.—Subject to any general orders, the Court shall, in each case, decide whether the application is a proper one to be made by motion in Court, or by summons in chambers, and may, at or before the hearing, if it shal! think fit, remove the same into Court or into chambers, as the case may be.

Motion.

XLIII.-No motion shall be entertained until the party moving has filed in the Court a written motion-paper, distinctly stating the terms of the order sought.

2.—The motion may in its terms ask for an order directing more than one thing to be done, and may also be in an alternative form, asking that one or another order be made, so only that the whole order sought be therein substantially expressed.

3.-If the motion-paper contains any matter by way of argument, or other matter except the proper particulars of the motion itself, the Court may direct the motion-paper to be amended, and make no order thereon, until it is am nded accordingly by the striking out of such argument, or other matter.

4.-There shall be filed with the motion-paper all affidavits on which the person moving intends to rely.

5.-No other evidence can be used in support of the motion, except by leave of the Court.

6. The person filing the motion-paper may move the Court, in cases of urgency, at any time while the Court is sitting, and not engaged in hearing any other matter. 7.-All motions shall be made ex parte in the first instance, unless the Court gives 1 ave to vive a notice of motion for a certain day.

8.---On a motion ex parte, the party moving shall apply for either an immediate absolute order of the Court in the terms of the motion-paper on his own showing and evidence, or an order to the other party to appear, on a certain day, and show cause why an order should not be made in the terms of the motion-paper.

9. Any party moving in Court ex parte may support his motion by argument addressed to the Court on the facts put in evidence by the affidavits filed in support