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Article 11 Directions as to evidence

Original text. Later amendments are not shown.

(1)

The registrar may at any time before the hearing of the appeal, and the chancellor may at or before the hearing of the appeal, in each case of his own motion or on the application of any party–

(a)

direct any party to produce any specified document for the inspection of any other party within a specified period and, if the registrar or chancellor giving the direction thinks fit, to do either or both of the following–

(i)

to permit that other party to make extracts from and take copies of such document; and

(ii)

to give notice to that other party of the time and place at which the document is to be produced;

(b)

direct any party or any other person to produce any specified document at the hearing of the appeal;

(c)

direct the attendance of any party or other person for the purpose of giving evidence at the hearing of the appeal;

(d)

direct any party to make general discovery of documents;

(e)

direct that all or a specified part of the evidence of any person at the hearing of the appeal may be given on oath before an examiner appointed by the registrar or by the chancellor, and direct the attendance of such person before that examiner at a specified time and place;

(f)

direct that all or a specified part of the evidence of any person at the hearing of the appeal may be given by affidavit;

(g)

direct any party to deduce title to any right of patronage in relation to the benefice claimed by that party and to lodge with the registrar before such date as the registrar may direct an abstract of title or a synopsis of title or both.

(2)

Where a direction under paragraph (1)(b), (c), (e) or (f) of this rule relates to a person other than a party, the registrar shall serve a copy of the direction on that person and, if applicable, and without prejudice to paragraph (5) of rule 12, shall give him not less than fourteen days' notice of the time and place of any appointment at which his attendance is required.