AD 1901.]
CODE OF CIVIL PROCEDURE.
[No. 3.
278. At the expiration of the time allowed for filing a statement of defence, and whether such statement has been filed or not, the Court may, on the application of the plaintiff, order the cause to be set down for trial.
279. An order to set down the cause for trial may be made on the application of the defendant, if it appears to the Court, having regard to the state of the pleadings, that the cause is ready to be tried, 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.
Postponement of Trial.
280.-(1.) The Court may at any time, on a summons taken out by any party thereto, postpone the trial of a cause set down, on being satisfied by evidence upon oath that the postponement will have the effect of better ensuring the trial and determination on the merits of the questions in issue between the parties.
(2.) The postponement may be for such time and on such terms, if any, as the Court may think fit.
281. Where any such application is made on the ground of the absence from the Colony of a witness, the Court shall require to be satisfied that his evidence is material and that he is likely to return to the Colony and give evidence within a reasonable time.
282. Where any such application is made for the purpose of enabling the party applying to obtain the evidence of a witness resident out of the 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.
General Trial List and Trial Paper.
705
Order for setting down on application of plaintiff.. H. K. Code, s. 48 (2.)
Order for setting down on application of defendant. Ib. s. 48 (3.)
General power to postpone trial of cause. 0.36 r. 34. Ib. s. 50 (1.)
Application for postponement for absent witness. H. K. Code, s. 50 (2.)
Application for postponement for evidence of witness out of jurisdiction. Ib. s. 50 (3.)
283. There shall be kept by the Registrar a general trial list of causes and a trial paper.
Keeping of general trial list and trial paper. Ib. s. 51 (1.)
284.(1.) When a cause is set down for trial it shall be placed in the general trial list, and shall be transferred to the trial paper strictly in order, according as the general trial list becomes exhausted.
(2.) The regular order shall in no case be departed from without special direction of the Court.
Transfer of cause from general trial list to trial paper. Ib. s. 51 (2.), (3.)
47A
AD 1901.]
CODE OF CIVIL PROCEDURE.
[No. 3.
278. At the expiration of the time allowed for filing a statement of defence, and whether such statement has been filed or not, the Court may, on the application of the plaintiff, order the cause to be set down for trial.
279. An order to set down the cause for trial may be made on the application of the defendant, if it appears to the Court, having regard to the state of the pleadings, that the cause is ready to be tried, 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.
Postponement of Trial.
280.-(1.) The Court may at any time, on a summons taken out by any party thereto, postpone the trial of a cause set down, on being satis- fied by evidence upon oath that the postponement will have the effect of better ensuring the trial and determination on the merits of the ques- hons in issue between the parties.
(2.) The postponement may be for such time and on such terms, if any, as the Court may think fit.
281. Where any such application is made on the ground of the absence from the Colony of a witness, the Court shall require to be satisfied that his evidence is material and that he is likely to return to the Colony and give evidence within a reasonable time.
R
282. Where any such application is made for the purpose of ena- bling the party applying to obtain the evidence of a witness resident out of the jurisdiction, the Court shall require to be satisfied that the evi- dence 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.
General Trial List and Trial Paper.
705
Order for setting down on applica- tion of
plaintiff.. H. K. Code, 8. 48 (2.) Order for setting down tion of
on applica-
defendant. Ib. 8. 48 (3.)
General power to postpone trial of cause. 0.36 r. 34. Ib. s. 50 (1.)
Application
for postpone- ment for
absent
witness. H. K. Code, s. 50 (2.)
Application
for postpone- ment for
evidence of of jurisdic-
witness out
tion.
Ib. s. 50 (3.)
283. There shall be kept by the Registrar a general trial list of Keeping of Causes and a trial
paper.
general trial list and trial paper.
16. s. 51 (1.) Transfer of
284(1.) When a cause is set down for trial it shall be placed in general trial list, and shall be transferred to the trial paper strictly in order, according as the general trial list becomes exhausted. (2.) The regular order shall in no case be departed from without list to trial
Special direction of the Court.
cause from general trial
paper.
Ib.8.51(2.),(3.)
47A
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