Rule 2.28 Evidence at trial of cause

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

rules 10.24-10.25 added by Family Proceedings 1993 rule 6
rules 2.71-2.77 revoked by Family Proceedings 1999 rule 19
rules 3.1-3.20 (Pt.III) am. (references to any of rules 2.52-2.70 shatl be read as references to those rules as they were before these rules came into force) by Family Proceedings 1999 rule 20
rules 3.21-3.23 added by Family Proceedings 1993 rule 4
rule 2.28(1) amended by Family Proceedings 1997 rule 2
rules 2.71-2.77 added by Family Proceedings 1997 rule 4
rule 2.45A-2.45B inserted by Family Proceedings 2003 rule 3

(1)

Subject to the provisions of this rule and rules 2.29, 2.36 and 10. 14 and of the Civil Evidence Act 1968^f1 and any other enactment, any fact required to be proved by the evidence of witnesses at the trial of a cause begun by petition shall be proved by the examination of the witnesses orally and in open court.

(2)

Nothing in this rule and rules 2.29 and 10. 14 shall affect the power of the judge at the trial to refuse to admit any evidence if in the interest of justice he thinks fit to do so.

(3)

The court may order—

(a)

that the affidavit of any witness may be read at the trial on such conditions as the court thinks reasonable;

(b)

that the evidence of any particular fact shall be given at the trial in such manner as may be specified in the order and in particular—

(i)

by statement on oath of information or belief, or

(ii)

by the production of documents or entries in books, or

(iii)

by copies of documents or entries in books, or

(iv)

in the case of a fact which is or was a matter of common knowledge either generally or in a particular district, by the production of a specified newspaper containing a statement of that fact; and

(c)

that not more than a specified number of expert witnesses may be called.

(4)

An application to the district judge for an order under paragraph (3) shall—

(a)

if no notice of intention to defend has been given, or

(b)

if the petitioner and every party who has given notice of intention to defend consents to the order sought, or

(c)

if the cause is undefended and directions for trial have been given, be made ex parte by filing an affidavit stating the grounds on which the application is made.

(5)

Where an application is made before the trial for an order that the affidavit of a witness may be read at the trial or that evidence of a particular fact may be given at the trial by affidavit, the proposed affidavit or a draft thereof shall be submitted with the application; and where the affidavit is sworn before the hearing of the application and sufficiently states the ground on which the application is made, no other affidavit shall be required under paragraph (4).

Annotations

Footnotes

f1: 1968 c. 64.