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DISTRICT COURT (CIVIL PROCEDURE) RULES, 2004

 

      Rule        

 

  

ORDER 26

               EVIDENCE GENERALLY

1.

General rule on witnesses to be examined orally

(1) Subject to the Constitution, the Evidence Act, 1975 (N.R.CD. 323), these Rules and any other relevant enactment, a fact required to L~ proved at the trial of an action by the evidence of a witness shall be proved by the examination of the witness orally and in open court.

(2) Where a party to the action or a witness is unable to come to court as a result of illness but is reasonably well and capable of giving evidence the Court, in the interest of justice and for reasons to be stated in the record book, may move to the house, hospital or other place where that party or witness is confined to take that party's or witness's evidence.

Evidence by affidavit

2. (1) On an application in a cause or matter, the Court, unless these Rules prescribe otherwise or it determines otherwise, may order that evidence be given by affidavit' and may, on the application of a party, order the attendance for cross-examination of the person making the affidavit.

  (2) Where, a person who has been ordered to attend Court for cross-examination under subrule1) does not attend, that person's affidavit shall not be used as evidence without the permission of the Court.

Limitation of expert evidence

3. The Court may, at or before the trial of an action, order that the number of medical or other expert witnesses who may be called at the trial be limited as specified in the order.

Official documents in evidence

4. Without limiting the effect of any relevant enactment, a document purporting to be sealed with the seal of an office or a department shall be received in evidence without further proof, and any document purporting to be so sealed and to be a copy of a document filed in or issued out of that office or department shall be presumed to be an office copy of that document without further proof unless the contrary is shown.

Form and issue of witness summons

5. (1) A witness summons is a document issued by the Court which requires a witness to

(a) attend Court to give evidence; or

 

(b) produce a document to the Court.

2) A witness summons shall be as set out in Form 17 of theFirst Schedule.

(3) A witness summons is issued when it is sealed by an officer of the registry of the Court which requires the attendance of the witness or the production of a document by the witness.

(4) Before a witness summons is issued, a request as set out in Form 18 of the First Schedule for the issue of the summons shall be filed in the registry out of which the summons is to issue and the request shall contain

 (a) the name and address of the party issuing the summons, if the party issuing is acting in person, or

(b) the name or firm and business address of that party's law­yer and if the lawyer is the agent of another, the name or firm and business address of the lawyer's principal.

Amendment of witness summons

6. Where there is a mistake in a person's name or address in a witness summons which has not been served, the party by whom the summons is issued may have the summons re-sealed in the correct form by filing a second request under rule 5 (4) endorsed with the words amended and re-sealed.

 

Service of witness summons

7. A witness summons shall be served personally, and the service is not valid unless it is effected within twelve weeks after the date of issue of the summons.

Duration of witness summons

8. A witness summons shall continue to have effect after service until the conclusion of the trial at which the attendance of the witness is required.

 

 

 

 

 

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