A 134
CAP. 41
[Subsidiary]
(Cap. 8.)
The Rules of the Supreme Court--Order 38 [1988 Ed.
(c) whether or not the statement or any part of it is referred to during the evidence in chief of the witness, any party may put the statement or any part of it in cross-examination of that witness.
(6) Where any statement served is one to which the Evidence Ordinance applies, paragraphs (4) and (5) shall take effect subject to the provisions of that Ordinance and Parts III and IV of this Order. The service of a statement pursuant to a direction given under paragraph (2) shall not, unless expressly so stated by the party serving the same, be treated as a notice under the said Ordinance.
(7) Where a party fails to comply with a direction given under paragraph (2) he shall not be entitled to adduce evidence to which such direction related without the leave of the Court.
(8) Nothing in this rule shall deprive any party of his right to treat any communication as privileged or make admissible evidence otherwise inadmissible.
Evidence of particular facts (O. 38, r. 3)
3. (1) Without prejudice to rule 2, the Court may, at or before the trial of any action, order that evidence of any particular fact shall be given at the trial in such manner as may be specified by the order.
(2) The power conferred by paragraph (1) extends in particular to ordering that evidence of any particular fact may be given at the trial-
(a) by statement on oath of information or belief, or
(b) by the production of documents or entries in books, or
(c) by copies of documents or entries in books, or
(d) in the case of a fact which is or was a matter of common knowledge either generally or in a particular district, by the production of a specified newspaper which contains a statement of that fact.
Limitation of expert evidence (O. 38, r. 4)
4. The Court may, at or before the trial of any action, order that the number of medical or other expert witnesses who may be called at the trial shall be limited as specified by the order.
Limitation of plans, etc., in evidence (O. 38, r. 5)
5. Unless, at or before the trial, the Court for special reasons otherwise orders, no plan, photograph or model shall be receivable in evidence at the trial of an action unless at least 10 days before the commencement of the trial the parties, other than the party producing it, have been given an opportunity to inspect it and to agree to the admission thereof without further proof.
A 134
CAP. 41
[Subsidiary]
(Cap. 8.)
The Rules of the Supreme Court--Order 38 [1988 Ed.
(c) whether or not the statement or any part of it is referred to during the evidence in chief of the witness, any party may put the statement or any part of it in cross-examination of that witness.
(6) Where any statement served is one to which the Evidence Ordinance applies, paragraphs (4) and (5) shall take effect subject to the provisions of that Ordinance and Parts III and IV of this Order. The service of a statement pursuant to a direction given under para- graph (2) shall not, unless expressly so stated by the party serving the same, be treated as a notice under the said Ordinance.
(7) Where a party fails to comply with a direction given under paragraph (2) he shall not be entitled to adduce evidence to which such direction related without the leave of the Court.
(8) Nothing in this rule shall deprive any party of his right to treat any communication as privileged or make admissible evidence otherwise inadmissible.
Evidence of particular facts (O. 38, r. 3)
3. (1) Without prejudice to rule 2, the Court may, at or before the trial of any action, order that evidence of any particular fact shall be given at the trial in such manner as may be specified by the order.
(2) The power conferred by paragraph (1) extends in partic- ular to ordering that evidence of any particular fact may be given at the trial-
(a) by statement on oath of information or belief, or
(b) by the production of documents or entries in books, or
(c) by copies of documents or entries in books, or
(d) in the case of a fact which is or was a matter of common knowledge either generally or in a particular district, by the production of a specified newspaper which contains a statement of that fact.
Limitation of expert evidence (O. 38, r. 4)
4. The Court may, at or before the trial of any action, order that the number of medical or other expert witnesses who may be called at the trial shall be limited as specified by the order.
Limitation of plans, etc., in evidence (O. 38, r. 5)
5. Unless, at or before the trial, the Court for special reasons otherwise orders, no plan, photograph or model shall be receivable in evidence at the trial of an action unless at least 10 days before the commencement of the trial the parties, other than the party produc- ing it, have been given an opportunity to inspect it and to agree to the admission thereof without further proof.
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