6. Interrogatories. [Title, &c., of action, as usual.] Interrogatories to be administered to W. W., a witness on behalf of the above-named to be produced, sworn and examined at Esquire, pursuant to the order herein made by of —, 19—. on dated the before E. E., day 1. Do you know, &c. [here set out the interrogatories. See the forms Nos. 4 to 10, ante, pp. 267 et seq.] 7. Order for Attendance to produce Document (e). [Formal parts as usual.] It is ordered that W. W., of at on the day of 19-, at do attend before o'clock in the -noon [or at such other time or place as the said shall appoint by (two days') notice in writing to the said W. W.], for the purpose of producing, and then and there produce, to the following document [or documents], viz. [name the document or documents], and that the costs of this application be 8. Appointment of an Examiner of the Court to hold the Examination (ƒ). Produce the order or a duplicate thereof to the first clerk to the Registrars in the Chancery Division (R. C. J., room No. 135). The clerk will add at the foot of the order a memorandum specifying the name of the examiner before whom the examination is to be taken. Leave the order or duplicate with such examiner, and it will be a sufficient authority for him to proceed with the examination. See R. S. C., Ord. XXXVII., r. 43. (e) By Ord. XXXVII., r. 7, " The Court or a Judge may in any cause or matter at any stage of the proceedings order the attendance of any person for the purpose of producing any writings or other documents named in the order which the Court or Judge may think fit to be produced: Provided that no person shall be compelled to produce under any such order any writing or other document which he could not be compelled to produce at the hearing or trial." By r. 8, “Any person wilfully disobeying any order requiring his attendance for the purpose of being examined or producing any document shall be deemed guilty of contempt of Court, and may be dealt with accordingly." By r. 9, "Any person required to attend for the purpose of being examined or of producing any document, shall be entitled to the like conduct money and payment for expenses and loss of time as upon attendence at a trial in Court." (f) By Ord. XXXVII., r. 49, “The Court or a Judge may, if they or he think fit, direct or transfer an examination to any one in particular of the examiners of the Court." 9. Consent to Examination of additional Witnesses (g). [Title, &c., as usual.] We hereby consent that E. E., Esquire, the examiner appointed pursuant to [or by] the order herein of Master [or the Hon. Mr. Justice] dated the day of, 19, may take the examination of F. G. [and H. I.], a witness [or witnesses] on behalf of the plaintiff [or defendant] in this action, in addition to the examination of the person [or persons] named [or provided for] in the said order. Dated (Signed) J. K., solicitor for the plaintiff. L. M., solicitor for the defendant. 10. Appointment of Place and Time for taking Examination: to be indorsed by Examiner on the Order for Examination (h). I hereby appoint my chambers at [or the witness's house, or as the -noon of the case may be], and o'clock in the day of 19-[specify a time within not more than seven days], to be the place and time at which (subject to any application from the parties) the within ordered examination shall be held. Dated the day of 19-. (Signed) E. E. 11. Notice of such Appointment (i). [Title, &c., as usual.] Take notice that E. E., Esquire, the examiner of the Court, appointed to take the examination of C. D., a witness on behalf of the plaintiff [or defendant] in this action, pursuant to the order herein of [Master] dated the day of, 19- [or the special examiner appointed by the order herein of, dated, for the taking of the examination, by the said order ordered, of C. D., a witness on behalf of - in this action], (9) By Ord. XXXVII., r. 46, "The examiner may, with the consent in writing of all parties, take the examination of any witnesses or persons in addition to those named or provided for in the order, and shall annex such consent to the original depositions." (h) By Ord. XXXVII., r. 44, “Upon production of the order indorsed with his name the examiner of the Court shall give an appointment in writing specifying the place and time (within not more than seven days) at which, subject to any application from the parties, the examination shall be taken; and the party prosecuting the order or his solicitor shall within twenty-four hours, or such shorter time (if any) as may be mentioned in the order, give notice of the appointment to all parties." By r. 45, "In determining the place and time at which an examination shall be taken, the examiner shall have regard to the convenience of the witnesses or persons to be examined and all the circumstances of the case; and he shall proceed with such examination at the place and time appointed, and subject to such adjournment as he shall think necessary or just, continue the same de die in diem." (i) See Ord. XXXVII., r. 44, supra. has, by writing, dated, appointed [state place and time as appointed] to be the place and time at which (subject to any application of the parties) the said examination shall be held. Edward the Seventh, by the Grace of God, of the United Kingdom of Great Britain and Ireland, and of the British Dominions beyond the Seas, King, Defender of the Faith, to [the names of three witnesses may be inserted], greeting: We command you to attend before E. E., Esquire, on -day, the 19, at the hour of at the day of in -noon, and so from day to day until your evidence shall have been taken, to give evidence on behalf of the plaintiff [or defendant]. Witness, in the year of our Lord One thousand nine hundred and 13. Subpœna duces Tecum (k). [Title, &c., as usual.] Edward the Seventh, by the Grace of God, of the United Kingdom of Great Britain and Ireland, and of the British Dominions beyond the Seas, King, Defender of the Faith, to [the names of three witnesses may be inserted], greeting: We command you to attend before E. E. at -noon, and so from day to day until your evidence shall have been taken, to give evidence on behalf of the and also to bring with you and produce at the time and place aforesaid [specify documents to be produced]. Witness [&c., as usual]. 14. Order to compel Attendance of Witness before Examiner. [Formal parts as usual.] It is ordered that W. W. do attend before E. E., Esquire, on to be examined before him as a witness on at (k) By Ord. XXXVII.. r. 20, “ Any party in any cause or matter may by subpœna ad testificandum or duces tecum require the attendance of any witness before an officer of the Court, or other person appointed to take the examination, for the purpose of using his evidence upon any proceeding in the cause or matter, in like manner as such witness would be bound to attend and be examined at the hearing or trial; and any party or witness having made an affidavit to be used or which shall be used on any proceeding in the cause or matter shall be bound on being served with such subpœna to attend before such officer or person for cross-examination." behalf of the plaintiff [or defendant] herein under the order of [Master] -, dated the day of, 19-[if the production of a document be required, then add, and further, that the said W. W. do, at the time and place aforesaid, bring with him and produce a letter (&c., describe the document as in a subpoena duces tecum; see post, p. 293)], and that the costs of this application be Dated the day of 19-. 15. Præcipe for Habeas Corpus ad Testificandum before Examiner. 16 Habeas Corpus ad Testificandum before an Examiner (1). Court of Judicature, at [Title, &c., as usual.] situate at Edward the Seventh, by the Grace of God, of the United Kingdom of Great Britain and Ireland, and of the British Dominions beyond the Seas, King, Defender of the Faith, to the keeper of our prison at [or to the sheriff of, or other the officer in whose custody the prisoner is], greeting: We command you that you bring W. W., who it is said is detained in our prison under your custody, before E. E., the examiner duly appointed by [or pursuant to] the order of one of the Masters of our Supreme the day of instant [or next] by of the clock in the [fore]noon of the same day [the time and place appointed for the examination], to give evidence in a certain cause now depending in our said Court between A. B. plaintiff, and C. D. defendant, on the part of the said plaintiff [or defendant]: And that immediately after the said W. W. shall have so given his evidence, you safely conduct him to the said prison from which he shall have been brought. Witness [&c., as usual]. This writ was issued [&c., as usual]. on 17. The Examination. By R. S. C., Ord. XXXVII., r. 10, "Where any witness or person is ordered to be examined before any officer of the Court, or before any person appointed for the purpose, the person taking the examination shall be (2) This writ is obtained for the production of a witness before the examiner where the witness is a prisoner in civil custody. In some cases the Judge will order the examination to take place in the prison if the parties consent to it. furnished by the party on whose application the order was made with a copy of the writ and pleadings, if any, or with a copy of the documents necessary to inform the person taking the examination of the questions at issue between the parties." By r. 11,"The examination shall take place in the presence of the parties, their counsel, solicitors, or agents, and the witnesses shall be subject to cross-examination and re-examination." Byr. 12, "The depositions taken before an officer of the Court, or before any other person appointed to take the examination, shall be taken down in writing by or in the presence of the examiner, not ordinarily by question and answer, but so as to represent as nearly as may be the statement of the witness, and when completed shall be read over to the witness and signed by him in the presence of the parties, or such of them as may think fit to attend. If the witness shall refuse to sign the depositions, the examiner shall sign the same. The examiner may put down any particular question or answer if there should appear any special reason for doing so, and may put any question to the witness as to the meaning of any answer, or as to any matter arising in the course of the examination. Any questions which may be objected to shall be taken down by the examiner in the depositions, and he shall state his opinion thereon to the counsel, solicitors, or parties, and shall refer to such statement in the depositions, but he shall not have power to decide upon the materiality or relevancy of any question." 66 By r. 21, Evidence taken subsequently to the hearing or trial of any cause or matter shall be taken as nearly as may be in the same manner as evidence taken at or with a view to a trial." By r. 22, "The practice with reference to the examination, cross-examination, and re-examination of witnesses at a trial shall extend and be applicable to evidence taken in any cause or matter at any stage." By r. 23, "The practice of the Court with respect to evidence at a trial, when applied to evidence to be taken before an officer of the Court or other person in any cause or matter after the hearing or trial, shall be subject to any special directions which may be given in any case." 18. Oath to be administered to the Witness (m). You are true answer to make to all such questions as shall be asked of you as a witness under this examination [if the examination be by interrogatories add, and upon the interrogatories now produced and shown to you], [and therein you shall speak the truth, the whole truth, and nothing but the truth]. So help you God. (m) By Ord. X XXVII., r. 19, "Any officer of the Court, or other person directed to take the examination of any witness or person, may administer oaths." |