A 416
CAP. 4]
The Rules of the Supreme Court
[1988 Ed.
[Subsidiary]
No. 37
Order for appointment of examiner to take evidence of witness out of jurisdiction
(O.39 r. 2)
(Heading as in cause or matter)
On hearing the solicitors on both sides and on reading the affidavit of ... ... ... ... Esq.) filed the ... day of ... 19........ (or ...)
It is ordered that the British Consul or his deputy at ... ... ... be appointed as special examiner for the purpose of taking the examination, cross-examination and re-examination viva voce, on oath or affirmation, of ... ... ... witnesses on the part of ... ... ... in (name of country). The examiner shall be at liberty to invite the attendance of the witnesses and the production of documents, but shall not exercise any compulsory powers. Otherwise such examination shall be taken in accordance with the English procedure. The ... ... ... solicitors to give to the ... days' notice in writing of the date on for ... days after the service of such notice the solicitors for the plaintiff and defendant respectively do exchange the names of their agents at ... ... ... to whom notice relating to the examination of the said witnesses may be sent. And that ... days (exclusive of Sunday) before the examination of any witness hereunder notice of such examination shall be given by the agent of the party on whose behalf such witness is to be examined to the agent of the other party, unless such notice be dispensed with. And that the depositions when taken, together with any documents referred to therein, or certified copies of such documents, or of extracts therefrom, be sent by the examiner, under seal, to the Registrar of the Supreme Court in Victoria, Hong Kong, on or before the ... day of ... next, or such further or other day as may be ordered, there to be filed in the proper office. And that either party be at liberty to read and give such depositions in evidence on the trial of this action, saving all just exceptions. And that the trial of this action be stayed until the filing of such depositions. And that the costs of and incidental to the application for this order and such examination be costs in the cause.
... ... ... which they propose to send out this order to execution, and that ... ... ...
Dated the ... day of ... 19........
A 416
CAP. 4]
The Rules of the Supreme Court
[1988 Ed.
[Subsidiary]
No. 37
Order for appointment of examiner to take evidence of witness out of jurisdiction
(0.39 r. 2)
(Heading as in cause or matter)
On hearing the solicitors on both sides and on reading the affidavit of
filed the
day of
19........
(or
It is ordered that the British Consul or his deputy at
་་་་་་
.... Esq.) be appointed as special examiner for the purpose of taking the examination, cross-examination and re-examination viva voce, on oath or affirmation, of
at
solicitors
witnesses on the part of
in (name of country). The examiner shall be at liberty to invite the attendance of the witnesses and the production of documents, but shall not exercise any compulsory powers. Otherwise such examination shall be taken in accordance with the English procedure. The
solicitors to give to the days' notice in writing of the date on for
days after the service of such notice the solicitors for the plaintiff and defendant respectively do exchange the names of their agents at
to whom notice relating to the examina- tion of the said witnesses may be sent. And that
days (exclusive of Sunday) before the examination of any witness hereunder notice of such examination shall be given by the agent of the party on whose behalf such witness is to be examined to the agent of the other party, unless such notice be dispensed with. And that the depositions when taken, together with any documents referred to therein, or certified copies of such documents, or of extracts therefrom, be sent by the examiner, under seal, to the Registrar of the Supreme Court in Victoria, Hong Kong, on or before the
day of
next, or such further or other day as may be ordered, there to be filed in the proper office. And that either party be at liberty to read and give such depositions in evidence on the trial of this action, saving all just exceptions. And that the trial of this action be stayed until the filing of such depositions. And that the costs of and incidental to the application for this order and such examination be costs in the cause.
which they propose to send out this order to execution, and that
Dated the
day of
19........
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