A 150
CAP. 4
[Subsidiary]
The Rules of the Supreme Court Order 39 [1988 Ed.
(3) The examiner may, if necessary, adjourn the examination from time to time.
Examination of additional witnesses (O. 39, r. 9)
9. The examiner may, with the written consent of all the parties to the cause or matter, take the examination of any person in addition to those named or provided for in the order for examination, and must annex such consent to the original deposition of that person.
Objection to questions (O. 39, r. 10)
10. (1) If any person being examined before the examiner objects to answer any question put to him, or if objection is taken to any such question, that question, the ground for the objection and the answer to any such question to which objection is taken must be set out in the deposition of that person or in a statement annexed thereto.
(2) The validity of the ground for objecting to answer any such question or for objecting to any such question shall be decided by the Court and not by the examiner, but the examiner must state to the parties his opinion thereon, and the statement of his opinion must be set out in the deposition or in a statement annexed thereto.
(3) If the Court decides against the person taking the objection it may order him to pay the costs occasioned by his objection.
Taking of depositions (O. 39, r. 11)
11. (1) The deposition of any person examined before the examiner must be taken down by the examiner or a shorthand writer or some other person in the presence of the examiner but, subject to paragraph (2) and rule 10(1), the deposition need not set out every question and answer so long as it contains as nearly as may be the statement of the person examined.
(2) The examiner may direct the exact words of any particular question and the answer thereto to be set out in the deposition if that question and answer appear to him to have special importance.
(3) The deposition of any person shall be read to him, and he shall be asked to sign it, in the presence of such of the parties as may attend, but the parties may agree in writing to dispense with the foregoing provision. If a person refuses to sign a deposition when asked under this paragraph to do so, the examiner must sign the deposition.
(4) The original deposition of any person, authenticated by the signature of the examiner before whom it was taken, must be sent by the examiner to the Registry and shall be filed therein.
Time taken by examination to be indorsed on depositions (O. 39, r. 12)
12. Before sending any deposition to the Registry under rule 11(4) the examiner must indorse on the deposition a statement signed by him of the time occupied in taking the examination and the fees received in respect thereof.
Page 150
Page 151
A 150
CAP. 4
[Subsidiary]
The Rules of the Supreme Court Order 39 [1988 Ed.
(3) The examiner may, if necessary, adjourn the examination from time to time.
Examination of additional witnesses (O. 39, r. 9)
9. The examiner may, with the written consent of all the parties to the cause or matter, take the examination of any person in addition to those named or provided for in the order for examina- tion, and must annex such consent to the original deposition of that person.
Objection to questions (O. 39, r. 10)
10. (1) If any person being examined before the examiner objects to answer any question put to him, or if objection is taken to any such question, that question, the ground for the objection and the answer to any such question to which objection is taken must be set out in the deposition of that person or in a statement annexed thereto.
(2) The validity of the ground for objecting to answer any such question or for objecting to any such question shall be decided by the Court and not by the examiner, but the examiner must state to the parties his opinion thereon, and the statement of his opinion must be set out in the deposition or in a statement annexed thereto.
(3) If the Court decides against the person taking the objection it may order him to pay the costs occasioned by his objection.
Taking of depositions (O. 39, r. 11)
11. (1) The deposition of any person examined before the examiner must be taken down by the examiner or a shorthand writer or some other person in the presence of the examiner but, subject to paragraph (2) and rule 10(1), the deposition need not set out every question and answer so long as it contains as nearly as may be the statement of the person examined.
(2) The examiner may direct the exact words of any particular question and the answer thereto to be set out in the deposition if that question and answer appear to him to have special importance.
(3) The deposition of any person shall be read to him, and he shall be asked to sign it, in the presence of such of the parties as may attend, but the parties may agree in writing to dispense with the fore- going provision. If a person refuses to sign a deposition when asked under this paragraph to do so, the examiner must sign the deposition.
(4) The original deposition of any person, authenticated by the signature of the examiner before whom it was taken, must be sent by the examiner to the Registry and shall be filed therein.
Time taken by examination to be indorsed on depositions (O. 39, r. 12) 12. Before sending any deposition to the Registry under rule 11(4) the examiner must indorse on the deposition a statement signed by him of the time occupied in taking the examination and the fees received in respect thereof.
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