1988 Ed.] The Rules of the Supreme Court-Order 38
(CAP. 4
A 145
[Subsidiary]
of the preparation and service of the counter-notice shall not be allowed to him and that any costs occasioned by the counter-notice to any other party shall be paid by him to that other party.
Certain powers exercisable in chambers (O. 38, r. 33)
33. The jurisdiction of the Court under sections 47(2)(a), 47(3), 49(2)(a) and 51(1) of the Ordinance may be exercised in chambers.
Statements of opinion (O. 38, r. 34)
34. Where a party to a cause or matter desires to give in evidence by virtue of Part IV of the Ordinance, as extended by section 56 of the Ordinance, a statement of opinion other than a statement to which Part IV of this Order applies, the provisions of rules 20 to 23 inclusive and 25 to 33 inclusive shall apply with such modifications as the Court may direct or the circumstances of the case may require.
IV. EXPERT EVIDENCE
Interpretation (O. 38, r. 35)
35. In this Part of this Order a reference to a summons for directions includes a reference to any summons or application to which, under any of these rules, Order 25, rules 2 to 7, apply, and expressions used in this Part of this Order which are used in the Evidence Ordinance have the same meanings in this Part of this Order as in that Ordinance.
Restrictions on adducing expert evidence (O. 38, r. 36)
36. (1) Except with the leave of the Court or where all parties agree, no expert evidence may be adduced at the trial or hearing of any cause or matter unless the party seeking to adduce the evidence-
(a) has applied to the Court to determine whether a direction should be given under rule 37, 38 or 41 (whichever is appropriate) and has complied with any direction given on the application, or
(b) has complied with automatic directions taking effect under Order 25, rule 8(1)(b), or
(2) Nothing in paragraph (1) shall apply to evidence which is permitted to be given by affidavit or shall affect the enforcement under any other provision of these rules (except of Order 45, rule 5) of a direction given under this Part of this Order.
Direction that expert report be disclosed (O. 38, r. 37)
37. Where in any cause or matter an application is made under rule 36(1) in respect of oral expert evidence, then, unless the Court considers that there are special reasons for not doing so, it shall
(Cap. 8.)
20363/90
1988 Ed.] The Rules of the Supreme Court-Order 38
(CAP. 4
A 145
[Subsidiary]
of the preparation and service of the counter-notice shall not be allowed to him and that any costs occasioned by the counter-notice to any other party shall be paid by him to that other party.
Certain powers exercisable in chambers (O. 38, r. 33)
33. The jurisdiction of the Court under sections 47(2)(a), 47(3), 49(2)(a) and 51(1) of the Ordinance may be exercised in chambers.
Statements of opinion (O. 38, r. 34)
34. Where a party to a cause or matter desires to give in evidence by virtue of Part IV of the Ordinance, as extended by section 56 of the Ordinance, a statement of opinion other than a statement to which Part IV of this Order applies, the provisions of rules 20 to 23 inclusive and 25 to 33 inclusive shall apply with such modifications as the Court may direct or the circumstances of the case may require.
IV. EXPERT EVIDENCE
Interpretation (O. 38, r. 35)
35. In this Part of this Order a reference to a summons for directions includes a reference to any summons or application to which, under any of these rules, Order 25, rules 2 to 7, apply, and expressions used in this Part of this Order which are used in the Evidence Ordinance have the same meanings in this Part of this Order as in that Ordinance.
Restrictions on adducing expert evidence (O. 38, r. 36)
36. (1) Except with the leave of the Court or where all parties agree, no expert evidence may be adduced at the trial or hearing of any cause or matter unless the party seeking to adduce the evidence-
(a) has applied to the Court to determine whether a direction should be given under rule 37, 38 or 41 (whichever is appropriate) and has complied with any direction given on the application, or
(b) has complied with automatic directions taking effect under
Order 25, rule 8(1)(b), or
(2) Nothing in paragraph (1) shall apply to evidence which is permitted to be given by affidavit or shall affect the enforcement under any other provision of these rules (except of Order 45, rule 5) of a direction given under this Part of this Order.
Direction that expert report be disclosed (O. 38, r. 37)
37. Where in any cause or matter an application is made under rule 36(1) in respect of oral expert evidence, then, unless the Court considers that there are special reasons for not doing so, it shall
(Cap. 8.)
20363/90
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