1988 Ed.] The Rules of the Supreme Court-Order 38
[CAP, 4
Notice of intention to give certain statements in evidence (O. 38, r. 21)
21. (1) Subject to the provisions of this rule, a party to a cause or matter who desires to give in evidence at the trial or hearing of the cause or matter any statement which is admissible in evidence by virtue of section 47, 49 or 50 of the Ordinance must-
(a) in the case of a cause or matter which is required to be set down for trial or hearing or adjourned into court, within 21 days after it is set down or so adjourned, or within such other period as the Court may specify; 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 within such other period as the Court may specify,
serve on every other party to the cause or matter notice of his desire to do so, and the notice must comply with the provisions of rule 22, 23 or 24, as the circumstances of the case require.
(2) Paragraph (1) shall not apply in relation to any statement which is admissible as evidence of any fact stated therein by virtue not only of section 47, 49 or 50 of the Ordinance but by virtue also of any other statutory provision within the meaning of section 46 of the Ordinance.
(3) Paragraph (1) shall not apply in relation to any statement which any party to a probate action desires to give in evidence at the trial of that action and which is alleged to have been made by the deceased person whose estate is the subject of the action.
(4) Where by virtue of any provision of these rules or of any order or direction of the Court the evidence in any proceedings is to be given by affidavit then, without prejudice to paragraph (2), paragraph (1) shall not apply in relation to any statement which any party to the proceedings desires to have included in any affidavit to be used on his behalf in the proceedings, but nothing in this paragraph shall affect the operation of rule 5 of Order 41, or the powers of the Court under rule 3 of this Order.
(5) Rule 9 of Order 65 shall not apply to a notice under this rule but the Court may direct that the notice need not be served on any party who at the time when service is to be effected is in default as to acknowledgment of service or who has no address for service.
Statement admissible by virtue of section 47 of the Ordinance:
contents of notice (O. 38, r. 22)
22. (1) If the statement is admissible by virtue of section 47 of the Ordinance and was made otherwise than in a document, the notice must contain particulars of-
(a) the time, place and circumstances at or in which the statement was made;
(b) the person by whom, and the person to whom, the statement was made; and
A 139
[Subsidiary]
1988 Ed.] The Rules of the Supreme Court-Order 38
[CAP, 4
Notice of intention to give certain statements in evidence (O. 38, r. 21)
21. (1) Subject to the provisions of this rule, a party to a cause or matter who desires to give in evidence at the trial or hearing of the cause or matter any statement which is admissible in evidence by virtue of section 47, 49 or 50 of the Ordinance must-
(a) in the case of a cause or matter which is required to be set down for trial or hearing or adjourned into court, within 21 days after it is set down or so adjourned, or within such other period as the Court may specify; 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 within such other period as the Court may specify,
serve on every other party to the cause or matter notice of his desire to do so, and the notice must comply with the provisions of rule 22, 23 or 24, as the circumstances of the case require.
(2) Paragraph (1) shall not apply in relation to any statement which is admissible as evidence of any fact stated therein by virtue not only of section 47, 49 or 50 of the Ordinance but by virtue also of any other statutory provision within the meaning of section 46 of the Ordinance.
(3) Paragraph (1) shall not apply in relation to any statement which any party to a probate action desires to give in evidence at the trial of that action and which is alleged to have been made by the deceased person whose estate is the subject of the action.
(4) Where by virtue of any provision of these rules or of any order or direction of the Court the evidence in any proceedings is to be given by affidavit then, without prejudice to paragraph (2), paragraph (1) shall not apply in relation to any statement which any party to the proceedings desires to have included in any affidavit to be used on his behalf in the proceedings, but nothing in this paragraph shall affect the operation of rule 5 of Order 41, or the powers of the Court under rule 3 of this Order.
(5) Rule 9 of Order 65 shall not apply to a notice under this rule but the Court may direct that the notice need not be served on any party who at the time when service is to be effected is in default as to acknowledgment of service or who has no address for service.
Statement admissible by virtue of section 47 of the Ordinance:
contents of notice (O. 38, r. 22)
22. (1) If the statement is admissible by virtue of section 47 of the Ordinance and was made otherwise than in a document, the notice must contain particulars of-
(a) the time, place and circumstances at or in which the
statement was made;
(b) the person by whom, and the person to whom, the state-
ment was made; and
A 139
[Subsidiary]
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