With Amendments | Print
This rule has not been amended.
ORDER 36 : EVIDENCE IN GENERAL
1. Subject to these Rules, the witnesses at the trial of any action or at any assessment of damages shall be examined viva voce and in open Court, but the Court or a Judge may at any time for sufficient reason order that any particular fact or facts may be proved by affidavit, or that the affidavit of any witness may be read at the hearing or trial, on such conditions as the Court or Judge may think reasonable, or that any witness whose attendance in Court ought for some sufficient cause to be dispensed with be examined by interrogatories or otherwise before a commissioner or examiner; and where any witness is in a country with which a convention in that behalf has been or shall be extended to Cyprus, the Court may order such witness to be examined before the competent Court or authority of such country or before any person appointed by such Court or authority : provided that, where it appears to the Court or Judge that the other party bona fide desires the production of a witness for cross-examination, and that such witness can be produced, an order shall not be made authorizing the evidence of such witness to be given by affidavit.
2. An order to read evidence taken in another cause or matter between the same parties or their privies shall not be necessary, but such evidence may, saving all just exceptions, be read on ex parte applications by leave of the Court or a Judge, to be obtained at the time of making any such application, and in any other case upon the party desiring to use such evidence giving two days' previous notice to the other parties of his intention to read such evidence.
3. Office copies of all writs, records, pleadings, and documents filed in any Court shall be admissible in evidence in all causes and matters and between all persons or parties, to the same extent as the original would be admissible.
4. Production of a copy of the Gazette in which any statement purporting to be sent or delivered to the Registrar of Partnerships under the provisions of section 51 or 52 of the Partnership Law, Cap. 196, is published shall be evidence of the receipt of such statement by such Registrar, and shall as against the person or persons signing the same be proof of each and every fact therein stated. It shall be the duty of such Registrar to furnish a copy of such statement on payment of the prescribed fee to any person requiring the same.
5. The evidence of any witness may by leave of the Court or a Judge be taken at any time as preparatory to the hearing of the action or any application therein before the Court or any Judge thereof, and the evidence so taken may be used at the hearing subject to just exceptions.
Evidence so taken shall not be used at the hearing unless the party obtaining leave shall have given notice to all other parties to attend at the examination.
Evidence so taken shall be taken in like manner, as nearly as may be, as evidence at the hearing of an action is to be taken. The note of the evidence shall be read over to the witness, and tendered to him for signature. If he refuses to sign it a note shall be made of his refusal, and the evidence may be used whether he signs it or not.

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