1987 Ed.]
Matrimonial Causes Rules
[CAP. 179
A 25
[Subsidiary]
(3) This rule shall not be construed as precluding the proof of a marriage in accordance with the Evidence (Foreign, Dominion and Colonial Documents) Act 1933 or in any other manner authorized apart from this rule.
41. Nothing in rule 39 or 40 shall affect the power of the judge at the trial to refuse to admit any evidence if in the interests of justice he thinks fit to do so.
42. (1) A witness summons in a cause pending in a district court may be issued in that court or in the court of trial at which the cause is to be tried.
(2) A writ of subpoena in a cause pending in the High Court may issue out of the registry.
42A. (1) The Evidence (Hearsay) Rules made under the Evidence Ordinance shall apply in relation to a defended cause as if in rule 3--
(a) for the reference in paragraph (4) to Order 38, rule 3 of the Rules of the Supreme Court there were substituted a reference to rule 39 of these rules;
(b) paragraph (5) were omitted.
(2) Unless in any particular case the court otherwise directs, rule 3(1) of the Evidence (Hearsay) Rules shall not apply in relation to an undefended cause pending in the High Court or in the district court and where the court otherwise directs, then paragraph (1) shall apply as it applies in the case of a defended cause.
(1933 c. 4.)
Saving for judge's powers.
Issue of witness summons or subpoena.
Hearsay evidence.
(Cap. 8, sub. leg.)
TRIAL, ETC.
44. As soon as practicable after a cause pending in the district court has been set down for trial, the registrar of the court shall fix the date, place and, as nearly as may be, the time of the trial and give notice thereof to every party to the cause.
45. Where directions are given for the separate trial of any issue and those directions have been complied with, the registrar shall-
(a) if the issue arises on an application for ancillary relief or in proceedings for the exercise of any power under Part VII of the Matrimonial Causes Ordinance or sections 18, 19 or 20 of the Matrimonial Proceedings and Property Ordinance, proceed as if the issue were a question referred to a judge on an application for ancillary relief and rule 81 shall apply accordingly;
(b) in any other case, set the issue down for trial and thereupon rule 44 shall apply as if the issue were a cause.
Fixing of trial.
Trial of issue. L.N. 135/76.
(Cap. 179.)
(Cap. 192.)
Page 25
Page 26
1987 Ed.]
Matrimonial Causes Rules
[CAP. 179
A 25
[Subsidiary]
(3) This rule shall not be construed as precluding the proof of a marriage in accordance with the Evidence (Foreign, Dominion and Colonial Documents) Act 1933 or in any other manner author- ized apart from this rule.
41. Nothing in rule 39 or 40 shall affect the power of the judge at the trial to refuse to admit any evidence if in the interests of justice he thinks fit to do so.
42. (1) A witness summons in a cause pending in a district court may be issued in that court or in the court of trial at which the cause is to be tried.
(2) A writ of subpoena in a cause pending in the High Court may issue out of the registry.
42A. (1) The Evidence (Hearsay) Rules made under the Evi- dence Ordinance shall apply in relation to a defended cause as if in rule 3--
(a) for the reference in paragraph (4) to Order 38, rule 3 of the Rules of the Supreme Court there were substituted a reference to rule 39 of these rules;
(b) paragraph (5) were omitted.
(2) Unless in any particular case the court otherwise directs, rule 3(1) of the Evidence (Hearsay) Rules shall not apply in relation to an undefended cause pending in the High Court or in the district court and where the court otherwise directs, then paragraph (1) shall apply as it applies in the case of a defended cause.
(1933 c. 4.)
Saving for judge's powers.
Issue of witness
summons or
subpoena.
Hearsay evidence.
(Cap. 8, sub. leg.)
TRIAL, ETC.
44. As soon as practicable after a cause pending in the district court has been set down for trial, the registrar of the court shall fix the date, place and, as nearly as may be, the time of the trial and give notice thereof to every party to the cause.
45. Where directions are given for the separate trial of any issue and those directions have been complied with, the register shall-
(a) if the issue arises on an application for ancillary relief or in proceedings for the exercise of any power under Part VII of the Matrimonial Causes Ordinance or sections 18, 19 or 20 of the Matrimonial Proceedings and Property Ordinance, proceed as if the issue were a question referred to a judge on an application for ancillary relief and rule 81 shall apply accordingly;
(b) in any other case, set the issue down for trial and there-
upon rule 44 shall apply as if the issue were a cause.
Fixing of trial.
Trial of issue. L.N. 135/76.
(Cap. 179.)
(Cap. 192.)
Page 25Page 26
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