1206
No. 3 of 1901.
CODE OF CIVIL PROCEDURE,
foreign country, the Registrar shall transmit the same to the Crown Solicitor who may thereupon make such applications and take such steps as may be necessary to give effect to such letter of request, in accordance with this section.
(7) The provisions of this section shall apply, mutatis mutandis, No. 2 of 1889. to applications under section 38 of the Evidence Ordinance, 1889, for the purpose of giving effect to any letter of request from any of His Majesty's Courts or Tribunals of competent jurisdiction outside the Colony.
Use of deposition taken on examination. 0.37 r. 18.
Rules as to
327. Except where by this Code otherwise provided or directed by the Court, no deposition shall be given in evidence at the trial of the cause without the consent of the party against whom the same is offered unless the Court is satisfied that the deponent-
(1) is dead; or
(2) is beyond the jurisdiction of the Court; or
(3) is unable from sickness or other infirmity to attend the trial, in any of which cases the deposition, certified by the Court or under the hand of the person taking the examination, as the case may be, shall be admissible in evidence, saving all just exceptions, without proof of the signature to such certificate.
Affidavits.
328. (1) Every affidavit used in the Court shall be in the substance of English language.
form and affidavit.
H. K. Code,
0.38 rr. 7, 8.
(2) It shall be drawn up in the first person, and shall be divided s. 56 (1)-(4). into paragraphs numbered consecutively; and each paragraph shall, as nearly as may be, be confined to a distinct portion of the subject.
(3) It shall state the description and true place of abode of the deponent.
(4) It shall contain, and contain only, a statement of facts and circumstances to which the witness swears, either on his own personal knowledge or from information which he believes to be true.
(5) Where the belief in the truth of the matter of fact sworn to arises from information received from another person, the name of such person shall be stated.
Page 75
n
h
n
Page 76
A = d
},
),
у
d
I
е
CD
1*
1
e
1
1206
No. 3 of 1901.
CODE OF CIVIL PROCEDURE,
foreign country, the Registrar shall transmit the same to the Crown Solicitor who may thereupon make such applications and take such steps as may be necessary to give effect to such letter of request, in accordance with this section.
(7) The provisions of this section shall apply, mutatis mutandis, No. 2 of 1889. to applications under section 38 of the Evidence Ordinance, 1889, for the purpose of giving effect to any letter of request from any of His Majesty's Courts or Tribunals of competent jurisdiction out- side the Colony.
Use of deposi- tion taken on examination. 0.37 r. 18.
Rules as to
327. Except where by this Code otherwise provided or directed by the Court, no deposition shall be given in evidence at the trial of the cause without the consent of the party against whom the same is offered unless the Court is satisfied that the deponent-
(1) is dead; or
(2) is beyond the jurisdiction of the Court; or
(3) is unable from sickness or other infirmity to attend the trial, in any of which cases the deposition, certified by the Court or under the hand of the person taking the examination, as the case may be, shall be admissible in evidence, saving all just exceptions, without proof of the signature to such certificate.
Affidavits.
328. (1) Every affidavit used in the Court shall be in the substance of English language.
form and
affidavit.
H. K. Code,
0.38 rr. 7, 8.
(2) It shall be drawn up in the first person, and shall be divided s. 56 (1)-(4). into paragraphs numbered consecutively; and each paragraph shall, as nearly as may be, be confined to a distinct portion of the subject. (3) It shall state the description and true place of abode of the deponent.
(4) It shall contain, and contain only, a statement of facts and circumstances to which the witness swears, either on his own personal knowledge or from information which he believes to be true.
(5) Where the belief in the truth of the matter of fact sworn to arises from information received from another person, the name of such person shall be stated.
Page 75Page 76
n
h
n
A = d
},
),
у
d
I
е
CD
1*
1
e
1
No comments yet.
Private notes are available after approval.