CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
771
310. Where any evidence is by affidavit or has been taken by commission or on deposition, the party adducing the same may read and comment on it, either immediately after his opening or after the vivâ voce evidence on his part has been concluded.
Putting in evidence, by affidavits, etc. H.K. Code, s. 62(15).
311. Documentary evidence must be put in and read, or taken as read by consent.
312. Every document put in evidence shall be marked by the officer of the court at the time, and shall be retained by the court during the trial and returned to the party who put it in, or from whose custody it came, immediately after the judgment, unless it is impounded by order of the court.
313. (1) Where the evidence adduced at the trial varies substantially from the allegations of the respective parties in the pleadings, it shall be in the discretion of the court to allow the pleadings to be amended so as to make the pleadings correspond with the evidence.
(2) The court may allow such amendment on such terms as to adjournment, costs and other things as may seem just, so as to avoid surprise and injury to any party.
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314. In an action for libel or slander, in which the defendant does not by his statement of defence assert the truth of the statement complained of, the defendant shall not be entitled on the trial to give evidence in chief, with a view to mitigation of damages, as to the circumstances under which the libel or slander was published or as to the character of the plaintiff, without the leave of the court, unless he has, seven days at least before the trial, furnished particulars to the plaintiff of the matters as to which he intends to give evidence.
Incidental powers of the court. Documentary evidence. H.K. Code, s. 62(16). Marking and disposal of document put in evidence. H.K. Code, s. 62(17). Amendment of pleadings to correspond with evidence. H.K. Code, s. 62(18), (19). Evidence in mitigation of damages in action for libel or slander. O. 36, r. 37.
315.—(1) The court may at the trial, without the consent of parties, direct a nonsuit or judgment for the plaintiff or defendant to be entered, or it may reserve any point of law or direct judgment to be entered subject to a special case to be stated for the opinion of the court.
(2) Every such point of law so reserved and every such special case shall be heard before the Full Court.
Nonsuit, etc. H.K. Code, s. 65(1) to (4).
CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
771
310. Where any evidence is by affidavit or has, been taken by commission or on deposition, the party adducing the same may read and comment on it, either immediately after his opening or after the vivâ voce evidence on his part has been concluded.
Putting in
of evidence, by affidavits, etc.
H.K. Code, s. 62 (15)..
311. Documentary evidence must be put in and read, or taken Reading of as read by consent.
312. Every document put in evidence shall be marked by the officer of the court at the time, and shall be retained by the court during the trial and returned to the party who put it in, or from whose custody it came, immediately after the judgment, unless it is impounded by order of the court.
313. (1) Where the evidence adduced at the trial varies substantially from the allegations of the respective parties in the pleadings, it shall be in the discretion of the court to allow the pleadings to be amended so as to make the pleadings correspond with the evidence.
(2) The court may allow such amendment on such terms as to adjournment, costs and other things as may seem just, so as to avoid surprise and injury to any party.
7
314. In an action for libel or slander, in which the defendant does not by his statement of defence assert the truth of the state- ment complained of, the defendant shall not be entitled on the trial to give evidence in chief, with a view to mitigation of, damages, as to the circumstances under which the libel or slander was published or as to the character of the plaintiff, without the leave of the court, unless he has, seven days at least before the trial, furnished particulars to. the plaintiff of the matters as to which he intends to give evidence.
Incidental powers of the court.
documentary evidence. H.K. Code, s. 62 (16). Marking and disposal of document
put in
evidence. H.K. Code, s. 62 (17).
Amendment of pleadings pond with evidence. H.K. Code, s. 62 (18),
to corres-
(19).
Evidence in mitigation of damages in'action for libel or
slander.
0. 36, r. 37.
direct non.
the court to
315.—(1) The court may at the trial, without the consent of Power of parties, direct a nonsuit or judgment for the plaintiff or defendant to be entered, or it may reserve any point of law or direct judgment to be entered subject to a special case to be stated for the opinion of the court.
(2) Every such point of law so reserved and every such special case shall be heard before the Full Court.
suit, etc. H.K. Code,
s. 65 (1) to (4).
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