Directory_and_Chronicle_1889 — Page 960

Effect of Dis-

missal of Suit in such Cases.

Statement of Pleadings. Burden of Proof.

136

CODE OF CIVIL PROCEDURE-HONGKONG.

9. In case the plaintiff does not attend on the day so fixed, either in person or by counsel, the Court shall, unless it sees good reason to the contrary, order judgment to be entered for the defendant.

Order of Proceeding.

LXII.-The order of proceeding at the hearing of a cause shall be as

follows:-

1.-The plaintiff shall state the pleadings.

2. The party on whom the burden of proof is thrown by the nature of the material issues or questions between the parties has the right to Party to begin. begin; he shall address the Court and open his case.

Evidence.

Summing up.

Case of other Party.

General Reply.

Case closed.

Evidence in reply.

Addresses thereon.

Cross-examing- tion and Be- examination.

Judge's Notes.

Inspection or Copy thereof.

Objections to Evidence.

Note of Objection.

Evidence by Affidavit of Commission.

3. He shall then produce his evidence and examine his witnesses in chief.

4.-When the party beginning has concluded his evidence, he shall ask the other party if he intends to call evidence (in which term is included evidence taken by affidavit or deposition, or under commission, and docu- mentary evidence not already read or taken as read); and, if answered in the negative, he shall be entitled to sum up the evidence already given and comment thereon; but if answered in the affirmative, he shall wait for his general reply.

5.-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

and comment thereon.

up

6.-If no evidence is called or read by the latter party, the party beginning 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.

7.-The case on both sides shall then be considered closed.

8.-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 he 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 matters.

9.-When evidence in reply is tendered, and allowed to be given, the party 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.

10.-Each witness after examination-in-chief shall be subject to cross-examination by the other party, and to re-examination by the party calling him, and after re-examination may be questioned by the Court, and shall not be recalled or further questioned save by leave of the Court. 11.-The Court shall take a note of the vivâ voce evidence, and shall put down the terms of any particular question or answer, if there appears any special reason for doing so.

12.-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.

13. All objections to evidence must be taken at any 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.

14-Where a question put to a witness is objected to, the Court, unless the objection appears frivolous, shall take a note of the question and objection, it 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 allowed.

15.-Where any evidence is by affidavit, or has been taken by com- mission, or on deposition, the party adducing the same may read and comment on it, either immediately after his opening or after vivá voce evidence on his part has been concluded.

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