Directory_and_Chronicle_1901 — Page 385

CODE OF CIVIL PROCEDURE-HONGKONG

PART II.

FROM THE HEARING OF A SUIT TO JUDGMENT

AND DECREE

CHAPTER VII.-PRELIMINARIES OF TRIAL

Setting down of Cause for Hearing

327

XLVIII.--No cause shall be set down for hearing without an order Order must be of the Court first obtained on summons.

obtained.

2. At the expiration of the time allowed for answering, and whether When Plaintiff an answer shall have been filed or not, the Court may, on the application may apply. of the plaintiff, order the cause to be set down for hearing.

3.--An order to set down the cause may be made on the application When Defendant of the defendant by summons, if it appears to the Court, having regard may apply. to the state of the pleadings, that the cause is ready to be heard, and that there has been delay on the part of the plaintiff in obtaining an order for setting down the cause, for which the plaintiff has no reasonable excuse (as the absence or illness of a material witness), and that the defendant is prejudiced, or may reasonably be expected to be prejudiced by such delay. Dismissal for Want of Prosecution

Order.

XLIX.--Where the plaintiff does not obtain an order for setting down Motion for the cause within one month from the time at which he might first apply for such an order, the defendant may apply by motion for an order to dismiss the petition for want of prosecution.

thereon.

2.---On such application, the Court may, if it thinks fit, make an order Power of Court dismissing the petition, or make such other order, or impose such terms. as the Court thinks reasonable..

Postponement of Hearing

L.-The Court may, at any time, on a summons taken out by any In what Cases. 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.

Witness.

2.-Where such an application is made on the ground of the absence Absence of 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 reason- able time.

resident out of

3. Where such an application is made for the purpose of enabling Witness the party applying to obtain the evidence of a witness resident out of the the Colony. jurisdiction, the Court shall require to be satisfied that the evidence of the witness is material, and that he is permanently residing out of the jurisdiction, or does not intend to come within the jurisdiction within a

reasonable time.

Hearing List and Hearing Paper

LI-There shall be kept a general hearing list for causes and a Cause List. hearing paper.

Hearing

2.-When a cause is set down for hearing it shall be placed in the Transfer to general hearing list, and shall be transferred to the hearing-paper strictly Paper. in its turn and order, according as the general hearing list becomes exhausted.

3. The regular order shall in no case be departed from without special Order of direction.

Causes.

Parties.

4.-When a cause is about to be transferred from the general hearing Notice to list to the hearing paper, notice shall be served on the parties, and unless the Court in any particular case direct otherwise, ten days shall be allowed between service of such notice and the day of hearing.

out of Turn

5.-When any cause or matter has been specially directed by the Court Causes taken to be heard on a particular day, or out of its ordinary turn, the name of