With Amendments | Print
This rule has not been amended.
ORDER 38 : EVIDENCE AT TRIAL
1. Each witness, when his examination in chief is closed, is liable to be cross-examined by the opposite party and to be re-examined by the party calling him, and after re-examination may be questioned by the Court, and shall not be recalled or further questioned save through and by leave of the Court.
The Court may direct in what form any question shall be put to a witness, and, except in regard to matters which are introductory or undisputed, may refuse to allow any question to a witness upon his examination in chief or re-examination to be put in a form calculated to suggest the answer to it.
2. The Court may, if it thinks fit, refuse to allow any questions to be put which it regards as indecent or scandalous, although they may have some bearing on the matter before the Court, unless they are shown to relate to facts or matters necessary to be known in order to dispose of the matter in dispute between the parties. The Court may also disallow any questions put in cross-examination of any party or other witness which may appear to it to be vexatious, and not relevant to any matter proper to be inquired into in the cause or matter.
3. In actions for libel or slander, in which the defendant does not by his defence assert the truth of the statement complained of, the defendant shall not be entitled on the trial to give evidence in chief, with a view to mitigation of damages, as to the circumstances under which the libel or slander was published, or as to the character of the plaintiff, without the leave of the Court, unless seven days at least before the trial he furnishes particulars to the plaintiff of the matters as to which he intends to give evidence.
4. Objections to the reception of evidence shall be made at the time the evidence is offered, and shall be argued and decided at the time.
5. Where a question put to a witness is objected to, the Court shall make a note of the question and of the arguments on the objection and of the grounds of its ruling thereon; and if the Court is composed of two or more Judges and they differ in opinion each Judge may, if he so wishes, write out his views separately and file them at the time. These provisions shall also apply to any document of which the reception in evidence is objected to.
6. Any document offered in evidence and not objected to shall be put in and read, or taken as read by consent.

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