This rule has not been amended. |
ORDER 29 : SPECIAL CASE
1. The parties to any cause or matter may concur in stating the questions of law arising therein in the form of a special case for the opinion of the Court. Every such special case shall be divided into paragraphs enumbered consecutively, and shall concisely state such facts and documents as may be necessary to enable the Court to decide the questions raised thereby. Upon the argument of such case the Court and the parties shall be at liberty to refer to the whole contents of such documents, and the Court shall be at liberty to draw from the facts and documents stated in any such special case any inference, whether of fact or law, which might have been drawn therefrom if proved at a trial.
2. If it appear to the Court or a Judge that there is in any cause or matter a question of law which it would be convenient to have decided before any evidence is given or any question or issue of fact is tried, or before any reference is made to an arbitrator, the Court or Judge may make an order accordingly and may direct such question of law to be raised for the opinion of the Court either by special case or in such other manner as the Court or Judge may deem expedient, and all such further proceedings as the decision of such question of law may render unnecessary may thereupon be stayed.
3. Every special case shall be filed in three typewritten copies by the plaintiff and signed by the several parties or their advocates.
4. No special case in any cause or matter to which an infant or person of unsound mind is a party shall be set down for argument without leave of the Court or a Judge, the application for which must be supported by sufficient evidence that the statements contained in such special case, so far as the same affect the interest of such infant or person of unsound mind, are true.
5. Either party may set down a special case for argument, but if such case affects an infant or person of unsound mind the application to the Registrar to fix a day shall be accompanied by an office copy of the order giving leave to set down the same for argument.
6. The parties to an action may enter into an agreement in writing signed in the presence of a Registrar and filed in the action, which shall not be subject to any stamp duty, that on the judgment of the Court being given in the affirmative or negative of an issue or of the questions of law raised by special case, a sum of money, fixed by the parties, or to be ascertained upon a question inserted in the issue or the special case, shall be paid by one of the parties to the other of them either with or without costs of the cause or matter; and the judgment of the Court may be entered for the sum so agreed or ascertained, with or without costs, as the case may be, and execution may issue upon such judgment forthwith, unless otherwise agreed, or unless stayed on appeal.