1208
No. 3 of 1901.
Exclusion of affidavit
CODE OF CIVIL PROCEDURE.
description of parties or otherwise in the title or jurat or any other irregularity in the form thereof, and may direct a memorandum to be made on the document that it has been so received.
335. An Affidavit shall not be admitted by the Court which is proved to have been sworn before the person on whose behalf the same is offered, or before his solicitor, or before a partner or clerk of his solicitor.
party, etc.
H. K. Code, s. 56 (10).
Re-swearing of defective affidavit. [ib. s. 56 (11).] Filing and use of original affidavit.
[ib. s. 56 (12).]
Receiving evidence by affidavit.
*
336. A defective or erroneous affidavit may be amended and re-sworn, by leave of the Court, on such terms as to time, costs, or otherwise as may seem reasonable.
337. Before an affidavit is used the original must be filed in the Registry; and the original, or an office copy thereof, shall alone be recognised for any purpose in the Court.
Evidence at Trial.
338. The Court may, in its discretion, allow the evidence in any cause, or as to any particular matter in a cause, to be taken [ib. s. 54 (2).] by affidavit or that affidavits of any witnesses be read at the trial: Provided that every witness making an affidavit so received shall be liable to cross-examination in open Court, unless the Court directs the cross-examination to take place in any other manner.
Power to admit affidavit of person not cross-examined.
339. The Court may, in its discretion, if the interests of justice appear absolutely so to require, admit an affidavit in evidence although it is shown that the party against whom the affidavit is offered in evidence has had or will have no opportunity of cross-examining the person who has made the affidavit.
Order of Court for admission of affidavit. [ib. s. 55 (4).]
340. No affidavit of any witness shall be read at the trial under the provisions hereinbefore contained, except in pursuance of an order of the Court obtained on summons before trial, unless the Court thinks it under the circumstances otherwise to direct, on such terms as may seem just.
Rules as to examination of witnesses.
341. (1) If a witness is asked any question relating to a matter not relevant to the cause, except in so far as it affects the credit [ib. s. 55 (7) of the witness by injuring his character, the Court shall decide (10).]
whether or not the witness shall be compelled to answer it, and may, if it thinks fit, warn the witness that he is not obliged to answer it.
*As amended by No. 2 of 1912.
1208
No. 3 of 1901.
Exclusion of affidavit
CODE OF CIVIL PROCEDURE.
description of parties or otherwise in the title or jurat or any other irregularity in the form thereof, and may direct a memorandum to be made on the document that it has been so received.
335. An Affidavit shall not be admitted by the Court which sworn before is proved to have been sworn before the person on whose behalf the same is offered, or before his solicitor, or before a partner or clerk of his solicitor.
party, etc.
H. K. Code, s. 56 (10).
Re-swearing of defective affidavit. [ib. s. 56 (11).] Filing and use of
original affidavit.
[ib. s. 56 (12).]
Receiving
evidence by affidavit.
*
336. A defective or erroneous affidavit may be amended and re-sworn, by leave of the Court, on such terms as to time, costs, or otherwise as may seem reasonable.
337. Before an affidavit is used the original must be filed in the Registry; and the original, or an office copy thereof, shall alone be recognised for any purpose in the Court.
Evidence at Trial.
338. The Court may, in its discretion, allow the evidence in any cause, or as to any particular matter in a cause, to be taken [ib. s. 54 (2).] by affidavit or that affidavits of any witnesses be read at the trial: Provided that every witness making an affidavit so received shall be liable to cross-examination in open Court, unless the Court directs the cross-examination to take place in any other manner.
Power to admit affidavit of person not
cross-
339. The Court may, in its discretion, if the interests of justice appear absolutely so to require, admit an affidavit in evidence although it is shown that the party against whom the affidavit is offered in evidence has had or will have no opportunity of cross- [ib. s. 55 (3).] examining the person who has inade the affidavit.
examined.
Order of Court for
340. No affidavit of any witness shall be read at the trial under admission of the provisions hereinbefore contained, except in pursuance of an order of the Court obtained on summons before trial, unless the Court thinks it under the circumstances otherwise to direct, on such terms as may seem just.
affidavit. [ib. s. 55 (4).]
Rules as to examination
of witnesses.
341. (1) If a witness is asked any question relating to a matter not relevant to the cause, except in so far as it affects the credit [ib. s. 55 (7) of the witness by injuring his character, the Court shall decide (10).]
whether or not the witness shall be compelled to answer it, and may, if it thinks fit, warn the witness that he is not obliged to answer it.
*As amended by No. 2 of 1912.
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