CODE OF CIVIL PROCEDURE-HONGKONG
327
2. The party on whom the burden of proof is thrown by the nature Burden of of the material issues or questions between the parties has the right to Proof. begin; he shall address the Court and open his case.
chief.
Party to begin.
3.-He shall then produce his evidence and examine his witnesses in Evidence.
4.- When the party beginning has concluded his evidence, he shall summing up. 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 Case of other shall be at liberty t'address the Court, and to call evidence and to sum Party. up and comment thereon.
6. If no evidence is called or read by the latter party, the party General Reply. 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.
Case closed.,
7.- he cнse on both sides shall then be considered closed. 8-If the party opposed to the party beginning calls or reads evidence, Evidence in the party beginning shall be at liberty to reply generally on the whole case,
reply. or he may call resh evidence in reply to the evidence given on the other si le, on points material to the determination of the issues, or any of them, but not on collateral matters.
thereon.
9.-When evidence in reply is tendered, and allowed to be given, the Addresses 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.
examination,
10.-Each witness after examination-in-chief shall be subject to Cross-examina- cross-examination by the other party, and to re-examination by the party tion and Re- 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 eviden e, and shall Judge's Notes. put down the terms of any particular question or answer, if there appears any special reason for doing 80.
12. No person shall be entitled as of right, at any time or for any Inspection or Copy thereof. purpose, to inspection or a copy of the Court's notes.
Evidence.
13.-All objections to evidence must be taken at any time the question Objections to 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, Note of unless the objection appears trivolous, shall take a note of the question Objection. and objection, if required by either par y, and shall mention on the notes whether the question was allowed to be put or not, and the answer to it, if allowed.
Commission.
15.-Where any evidence is by affidavit, or has been taken by com- Evidence by mission, or on deposition, the party anducing the same may read and Affidavit or comment on it, either immediately a ter his opening or after the viva voce evidence on his part has been concluded.
16.-Documentary evidence must be put in and read, or taken as read Documentary
by consent.
Evidence.
17 - Every document put in evidence shall be marked by the officer To be marked. of the Court at the time, and shall be retained by the Court during the hearing, and returned to the party who put it in, or from whose custody it came, immediately after the judgment, unless it is impounded by order of the Court.
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