« EdellinenJatka »
RULES OF CIVIL PROCEDURE.
Filing and service of pleadings.
1. The Court may, at any stage of the proceedings, either of its circumstances own motion or on the application of either party, order any proceeding to be amended, whether the defect or error be that of the party applying to amend or not; and all such amendments as may be necessary or proper for the purpose of eliminating all statements which may tend to prejudice, embarrass, or delay the fair trial of the suit, and for the purpose of determining in the existing suit the real questions or question in controversy between the parties, shall be so made. Every such order shall be made upon such terms as to costs or otherwise as shall seem just.
Interlocutory applications made at any
1. Interlocutory applications may be made by motion at any stage of a cause or matter.
2. Unless the Court shall otherwise order, no motion shall be Motion paper, entertained until the party moving has filed a motion paper, or made or application verbal application to the Registrar, distinctly stating the terms of the
Hearing of motions.
16. Every pleading shall be filed at such time as the Court direct, and be served on the opposite party, if the Court thinks fit, at such time and in such manner as it directs.
Motions ex parte, or on notice.
Order, or Order to show cause.
2. The Registrar shall make up, for each day on which the Court appoints motions to be heard, a motion list, on which he shall enter the names of each cause in which a motion is made, the party moving, and the terms of the order sought by him.
4. There shall be filed with the motion paper all affidavits on which the person moving intends to rely.
5. Oral evidence shall not be heard in support of any motion unless by leave of the Court. Where the party moving is illiterate, the Court may direct evidence to be taken by the Registrar, or other fit officer of Court, and the minutes of such evidence may be used as an affidavit. 6. The motion shall be made on such days and at such times as are by the regulations of the Court appointed for hearing motions. In cases of urgency the motion may, by leave of the Court, be made at any time while the Court is sitting.
7. All motions shall be ex parte in the first instance, unless the Court gives leave to give a notice of motion for a certain day, which it may do on reading the motion paper.
8. On a motion ex parte the party moving shall apply for either an immediate absolute order of the Court, in the terms of the motion paper, on his own showing and evidence, or an order on the other party
to appear on a certain day and show cause why an order should not be made in terms of the motion paper.
9. Any party moving in Court ex parte may support his motion by argument addressed to the Court on the facts put in evidence; and no Argument on party to the suit or proceeding, although present, other than the party moving, shall be entitled to be then heard.
10. On a motion coming on, the Court may allow the motion Amendment paper to be amended, and additional evidence to be produced, or may evidence. direct the motion to stand over, or refuse or make an order in terms of the motion, or grant an order to show cause why the order sought should not be made, or allow the motion to be made on notice.
11. If it appears to the Court that the party moving is entitled Court may to an order absolute, or to show cause different from the order asked, other than and the party moving is willing to take such different order, the Court asked for. may so order accordingly. If he is not willing to take such different order, the Court shall refuse the motion.
12. Where an order is made on a motion ex parte, any party Court may affected by it may, within seven days after service of it, or within vary or discharge such further time as the Court shall allow, apply to the Court by Order. motion to vary or discharge it; and the Court, on notice to the party obtaining the order, either may refuse to vary or dischage it, or may vary or discharge it with or without imposing terms as to costs or security, or otherwise, as seems just.
2. Orders to Show Cause.
13. An order to show cause shall specify a day when cause is to Return-day be shown, to be called the return-day to the order, which shall to be specified. ordinarily be not less than three days after service.
14. A person served with an order to show cause may, before the Counterreturn-day, produce evidence to contradict the evidence used in obtain- evidence. ing the order, or setting forth other facts on which he relies to induce the Court to discharge or vary such order.
15. On the return-day, if the person served do not appear, and it Enlargement of time, and appears to the Court that the service on all proper parties has not been further' duly effected, the Court may enlarge the time and direct further service in service or make such other order as seems just.
16. If the person served appear, or the Court is satisfied that Appearance service has been duly effected, the Court may proceed with the matter. or proof of 17. The Court may either discharge the order or make the same General absolute, or adjourn the consideration thereof, or permit further powers as to evidence to be produced in support of or against the order, and may orders. modify the terms of the order so as to meet the merits of the case.
3. Evidence in Interlocutory Proceedings.
or in lieu of
18. In addition to or in lieu of affidavits, the Court may, if it Evidence in thinks it expedient, examine any witness viva voce, or receive docu- addition to ments in evidence, and may summon any person to attend to produce affidavits. documents before it, or to be examined or cross-examined before it in like manner as at the hearing of a suit.
Notice to parties.
Evidence, how taken.
Where change of interest,
Court may make Order
enabling suit to proceed.
When suit does not abate. When cause of action
When cause of action accrues to survivors.
19. Such notice as the Court in each case according to the circumstances considers reasonable, shall be given to the persons summoned, and to such persons (parties to the cause or matter or otherwise interested) as the Court considers entitled to inspect the documents to be produced, or to examine the persons summoned, or to be present at his examination as the case may be.
20. The evidence of a witness on any such examination shall be taken in like manner as nearly as may be as at the hearing of a suit.
ALTERATION OF PARTIES.
1. Where after the institution of a suit any change or transmission of interest or liability occurs in relation to any party to the suit, or any party to the suit dies or becomes incapable of carrying on the suit, or the suit in any other way becomes defective or incapable of being carried on, any person interested may obtain from the Court any order requisite for curing the defect, or enabling or compelling proper parties to carry on the proceedings.
But any person served with such an order may, within such time as the Court in the order directs, apply to the Court to discharge or vary the order.
2. The death of a plaintiff or defendant shall not cause the suit to abate if the cause of action survive.
3. If there be two or more plaintiffs or defendants, and one of them die, and if the cause of action survive to the surviving plaintiff or plaintiffs alone, or against the surviving defendant or defendants alone, the suit shall proceed at the instance of the surviving plaintiff or plaintiffs, and against the surviving defendant or defendants.
4. If there be two or more plaintiffs and one of them die, and if the cause of action shall not survive to the surviving plaintiff or plaintiff's alone, but shall survive to them and the legal representative of the deceased plaintiff jointly, the Court may, on the application of the legal representative of the deceased plaintiff, enter the name of such representative in the suit in the place of such deceased plaintiff, and the suit shall proceed at the instance of the surviving plaintiff or plaintiffs, and such legal representative of the deceased plaintiff. If no application shall be made to the Court by any person claiming to be the legal representative of the deceased plaintiff, the suit shall proceed at the instance of the surviving plaintiff or plaintiffs; and the legal representative of the deceased plaintiff shall, after notice to appear, be interested in, and shall be bound by the judgment given in the suit, in the same manner as if the suit had proceeded at his instance conjointly with the surviving plaintiff or plaintiffs, unless the Court shall see cause to direct otherwise.
Death of sole
5. In case of the death of a sole plaintiff, or sole surviving or surviving plaintiff, the Court may, on the application of the legal representative plaintiff. of such plaintiff, enter the name of such representative in the place of such plaintiff in the suit, and the suit shall thereupon proceed; if no such application shall be made to the Court within what it may con
sider a reasonable time by any person claiming to be the legal representative of the deceased sole plaintiff or sole surviving plaintiff, it shall be competent to the Court to make an order that the suit shall abate, and to award to the defendant the reasonable costs which he may have incurred in defending the suit, to be recovered from the estate of the deceased sole plaintiff or surviving plaintiff; or the Court may, if it thinks proper, on the application of the defendant, and upon such terms as to costs as may seem fit, make such order for bringing in the legal representative of the deceased sole plaintiff or surviving plaintiff, and for proceeding with the suit in order to a final determination of the matters in dispute, as may appear just and proper in the circumstances of the case.
IV.-Hearing and Judgment.
6. If any dispute arise as to who is the legal representative of a deceased plaintiff, it shall be competent to the Court either to stay the suit until the fact has been duly determined in another suit, or to decide at or before the hearing of the suit who shall be admitted to be such legal representative for the purpose of prosecuting the suit.
7. If there be two or more defendants, and one of them die, and Death of one the cause of action shall not survive against the surviving defendant of several defendants, or defendants alone, and also in case of the death of a sole defendant, or of a sole or or sole surviving defendant, where the action survives, the plaintiff surviving may make an application to the Court, specifying the name, description, and place of abode of any person whom the plaintiff alleges to be the legal representative of such defendant, and whom he desires to be made the defendant in his stead; and the Court shall thereupon enter the name of such representative in the suit in the place of such defendant, and shall issue an order to him to appear on a day to be therein mentioned to defend the suit; and the case shall thereupon proceed in the same manner as if such representative had originally been made a defendant, and had been a party to the former proceedings in the suit.
ENTRY OF CAUSES FOR HEARING.
1. It shall not be necessary for a defendant to appearance to the writ of summons, but on the arrival day marked on the writ, and return having been made
RULES OF CIVIL PROCEDURE.
8. The bankruptcy of the plaintiff, in any suit which the assignee Bankruptcy or trustee might maintain for the benefit of the creditors, shall not be of plaintiff. a valid objection to the continuance of such suit, unless the assignee or trustee shall decline to continue the suit, and to give security for the costs thereof, within such reasonable time as the Court may order; if the assignee or trustee neglect or refuse to continue the suit and to give such security within the time limited by the order, the defendant may, within eight days after such neglect or refusal, plead the bankruptcy of the plaintiff as a reason for abating the suit.
enter a formal
day, cause to be entered in general cause
RULES OF CIVIL PROCEDURE.
Cause and hearing lists.
Transfer to hearing list.
Order of hearing.
Court may vary order.
Notice to parties.
Adjournment of causes.
In what cases.
Absence of witness.
of the writ, the cause shall be placed by the Registrar on the general cause list. But it shall be the duty of the defendant on the returnday, or as soon thereafter as possible, to enter his name and place of residence pending the suit with the Registrar, who shall mark the same with the date of such entry on the general cause list.
2. There shall be kept a general cause list and a hearing paper. There shall also be a motion list.
3. Causes shall be transferred from the general list to the hearing paper in the order in which they stand on the general cause list, unless where any written pleading may have been ordered, in which case the cause shall not be transferred to the hearing paper, until the pleadings are completed, as the Court may direct, or the Court allows a hearing. 4. Causes shall be taken for hearing in the order in which they are entered on the hearing paper.
5. The Court may, in its discretion, direct any cause or matter to be heard on a particular day, or out of its ordinary turn.
6. When a cause is about to be transferred from the general cause list to the hearing paper, notice shall be served on the parties. Such interval shall be allowed between service of such notice and the day of hearing, as the Court, having regard to the distance from which witnesses may require to be brought, and other circumstances, may deem just but when the state of the business before the Court admits of a speedy hearing, the notice may be given at the same time as the summons is served.
7. In case of any adjournment of the hearing from the day appointed in the hearing paper by reason of the preceding causes in the hearing paper not having been got through, or under any order of the Court made during the sitting on that day, no further notice to either party of the adjournment day shall be requisite unless otherwise ordered by the Court.
POSTPONEMENT OF HEARING.
1. The Court may postpone the hearing of any cause on being satisfied that the postponement is likely to have the effect of better ensuring the hearing and determination of the questions between the parties on the merits, and is not made for the purpose of mere delay. The postponement may be made on such terms as to the Court seems just.
2. Where such an application is made on the ground of the absence of a witness, the Court shall require to be satisfied that his evidence is material, and that he is likely to return and give evidence within a reasonable time.
3. Where an application is made for the purpose of enabling the of jurisdiction party applying to obtain the evidence of a witness resident out of the
jurisdiction, the Court shall require to be satisfied that the evidence of the witness is material, and that he is permanently residing out of the jurisdiction, or does not intend to come within the jurisdiction within a reasonable time.