1988 Ed.] The Rules of the Supreme Court-Order 38
[CAP. 4
Revocation or variation of orders under rules 2 to 5 (O. 38, r. 6)
6. Any order under rules 2 to 5 (including an order made on appeal) may, on sufficient cause being shown, be revoked or varied by a subsequent order of the Court made at or before the trial.
Evidence of finding on foreign law (O. 38, r. 7)
7. (1) A party to any cause or matter who intends to adduce in evidence a finding or decision on a question of foreign law by virtue of section 59 of the Evidence Ordinance shall—
(a) in the case of an action to which Order 25, rule 1, applies within 14 days after the pleadings in the action are deemed to be closed, and
(b) in the case of any other cause or matter, within 21 days after the date on which an appointment for the first hearing of the cause or matter is obtained,
or in either case, within such other period as the Court may specify, serve notice of his intention on every other party to the proceedings.
(2) The notice shall specify the question on which the finding or decision was given or made and specify the document in which it is reported or recorded in citable form.
(3) In any cause or matter in which evidence may be given by affidavit, an affidavit specifying the matters contained in paragraph (2) shall constitute notice under paragraph (1) if served within the period mentioned in that paragraph.
Application to trials of issues, references, etc. (O. 38, r. 8)
8. The foregoing rules of this Order shall apply to trials of issues or questions of fact or law, references, inquiries and assessments of damages as they apply to the trial of actions.
Depositions: when receivable in evidence at trial (O. 38, r. 9)
9. (1) No deposition taken in any cause or matter shall be received in evidence at the trial of the cause or matter unless-
(a) the deposition was taken in pursuance of an order under Order 39, rule 1, and
(b) either the party against whom the evidence is offered consents or it is proved to the satisfaction of the Court that the deponent is dead, or beyond the jurisdiction of the Court or unable from sickness or other infirmity to attend the trial.
(2) A party intending to use any deposition in evidence at the trial of a cause or matter must, a reasonable time before the trial, give notice of his intention to do so to the other party.
(3) A deposition purporting to be signed by the person before whom it was taken shall be receivable in evidence without proof of the signature being the signature of that person.
A 135
[Subsidiary]
(Cap. 8.)
I
Page 135
Page 136
1988 Ed.] The Rules of the Supreme Court-Order 38
[CAP. 4
Revocation or variation of orders under rules 2 to 5 (O. 38, r. 6)
6. Any order under rules 2 to 5 (including an order made on appeal) may, on sufficient cause being shown, be revoked or varied by a subsequent order of the Court made at or before the trial.
Evidence of finding on foreign law (O. 38, r. 7)
7. (1) A party to any cause or matter who intends to adduce in evidence a finding or decision on a question of foreign law by virtue of section 59 of the Evidence Ordinance shall—
(a) in the case of an action to which Order 25, rule 1, applies within 14 days after the pleadings in the action are deemed to be closed, and
(b) in the case of any other cause or matter, within 21 days after the date on which an appointment for the first hearing of the cause or matter is obtained,
or in either case, within such other period as the Court may specify, serve notice of his intention on every other party to the proceedings.
(2) The notice shall specify the question on which the finding or decision was given or made and specify the document in which it is reported or recorded in citable form.
(3) In any cause or matter in which evidence may be given by affidavit, an affidavit specifying the matters contained in paragraph (2) shall constitute notice under paragraph (1) if served within the period mentioned in that paragraph.
Application to trials of issues, references, etc. (O. 38, r. 8)
8. The foregoing rules of this Order shall apply to trials of issues or questions of fact or law, references, inquiries and assess- ments of damages as they apply to the trial of actions.
Depositions: when receivable în evidence at trial (O. 38, r. 9)
9. (1) No deposition taken in any cause or matter shall be received in evidence at the trial of the cause or matter unless-
(a) the deposition was taken in pursuance of an order under
Order 39, rule 1, and
(b) either the party against whom the evidence is offered consents or it is proved to the satisfaction of the Court that the deponent is dead, or beyond the jurisdiction of the Court or unable from sickness or other infirmity to attend the trial.
(2) A party intending to use any deposition in evidence at the trial of a cause or matter must, a reasonable time before the trial, give notice of his intention to do so to the other party.
(3) A deposition purporting to be signed by the person before whom it was taken shall be receivable in evidence without proof of the signature being the signature of that person.
A 135
[Subsidiary]
(Cap. 8.)
I
Page 135Page 136
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