Directory_and_Chronicle_1912 — Page 452

RULES OF SUPREME COURT IN CHINA

docume ts.

Form 57.

140.-(1.) Any party may, without affiavit, apply to the Court for Discovery of an order dir cting any other party to an action or matter to make dis- covery on oath of the documents which are or have been in his possession or power relating to any matter in question. On the hearing of the application the Court may adjourn or refuse the same, if it is satisfied that this discovery is unnecessary, or not necessary at that stage of the cause or matter, or make such order either generally or limited to certain classes of documents as may in its discretion be thought fit.

(2.) The affidavit to be made by a party against whom such an order Form 58. of disc nery has been made shall specify which (if any) of the documents he objects to produce and the grounds for his objection.

(3.) At any time during the pendency of an action or matter the Court may order the production on oath, by any party thereto, of such of the do raments in his possession or power relating to any matter in ques- tion in the action or matter as the Court may think right, and may deal with such documents, if produced, in such manner as shall appear just.

to order.

141.-(1.) If any party fails to comply with an order to answer Dobedience interrogatories or for discovery or inspection of documents, he shall be liable to attachment under Rule 176.

liable to have his action defendant, to be placed in And the party interrogat-

(2.) He shall also, if a plaintiff, be dismissed for want of prosecution, and if a the same position as if he had not defended. ing may apply to the Court for an order to that effect, and the order may be made accordingly.

423

or portions of

142. Any one or more of the answers, or any part of an answer, to Single answers, interrogatories, may be used by the opposite party in evidence without answers, may putting in the others or the whole of the answer. But in any case the be used. Court may look at the whole of the answers, and may direct others to be put in, if it be of opinion that any of them are so connected with those already put in that they should not be left out.

Witnesses.

witnesses.

Forms 62 and 63.

143.--(1.) Summonses to witnesses may be issued by the Registrar Summonses to without leave of the Court, and may, by leave of the Court, be issued in blank and served by the party applying for them or his legal practitioner, but only one name shall be inserted in each summous.

(2.) It shall be sufficient if a sun-maous to a witness be served a reasonable time before the return day.

taken rica voce,

144. Except where otherwise provided by the Principal Order or Evidence to be these Rules, the evidence of witnesses shall be taken vivá voce on oath. except where Where evidence is permitted to be taken by affidavit, such evidence may provided. be taken virá voce on oath if the Court shall so direct.

otherwise

ments not

may be

Form 64.

145.-(1.) When a witness served with a summons to produce does Where docu- not at the trial produce the document required, the Court, upon admission produced order or proof of the service of the summons within a reasonable time, and for production that the documents are in the possession or power or under the control made. of the witness, and that they relate to the matter then pending before the Court, may make an order for their production by the witness, and may deal with them when produced and with all costs occasioned by their non-production as may seem just.

(2.) Nothing in this Rule shall prevent the Court form receiving secondary evidence, where admissible, of any document the production of which has been required as above.

146. When any document is produced to the Court from proper Documents custody, it shall be read without further proof if no objection be taken produced from and if it appears genuine; if the admission of any document so produced to be read.

proper custody