✨ Supreme Court Rules Text
THE NEW ZEALAND GAZETTE.
entitled to cross-examine the witnesses to be examined
thereunder, two clear days before such commission or
requisition shall issue under seal of the Court; and
they, or either of them, may apply to the Registrar
by summons, to alter or amend the commission or
requisition, or to insert any special provision therein;
and the Registrar shall make an order on such appli-
cation, or refer the matter to the Judge. (Form of
Commission and Requisition, Appendix, No. 19.)
-
Any of the parties to the cause may apply to
the Registrar by summons for leave to join in a
commission or requisition, and to examine witnesses
thereunder; and the Registrar to whom the applica-
tion is made, may direct the necessary alterations to
be made in the commission or requisition for that
purpose, and settle the same, or refer the application
to the Judge. -
After the issuing of a summons to show why
a party to the cause should not have leave to join in
a commission or requisition, such commission or
requisition shall not issue under scal without the
direction of the Registrar. -
In case a husband or wife shall apply for and
obtain an order or a commission or requisition for the
examination of witnesses, the wife shall be at liberty
without any special order for that purpose, to apply
by summons to the Registrar to ascertain and report
to the Court, what is a sufficient sum of money to be
paid or secured to the wife to cover her expenses in
attending at the examination of such witnesses, in
pursuance of such order, or in virtue of such com-
mission or requisition; and such sum of money shall
be paid or secured before such order or such commis-
sion or requisition shall issue from the Registrar's
Office, unless the Judge, or the Registrar in his
absence, shall otherwise direct.
Affidavits.
-
Every affidavit is to be drawn in the first
person; and the addition and true place of abode of
every deponent is to be inserted therein. -
In every affidavit made by two or more persons,
the names of the several persons making it are to be
written in the jurat. -
No affidavit will be admitted in any matter
depending in the Court under the Act, in which any
material part is written on an erasure, or in which
there is any interlineation the extent of which, at the
time when the affidavit was sworn, is not clearly
shewn by the initials of the person before whom it
was sworn. -
When an affidavit is made by any person who
is blind, or who, from his or her signature or other-
wise, appears to be illiterate, the person before whom
such affidavit is made is to state in the jurat that the
affidavit was read in the presence of the party making
the same, and that such party seemed perfectly to
understand the same, and also made his or her mark,
or wrote his or her signature thereto, in the presence
of such person before whom the affidavit was made. -
No affidavit is to be deemed sufficient which
has been sworn before the party on whose behalf the
same is offered, or before his solicitor, or before a
partner or clerk of his or her solicitor. -
Solicitorsandtheir clerks respectively, if acting
for any other solicitor, shall be subject to the Rules
and Regulations in respect of taking affidavits which
are applicable to those in whose stead they are acting. -
When a special time is fixed for filing
affidavits, no affidavit filed after that time shall be
used, unless by leave of the Judge. -
The above Rules and Regulations in respect
to affidavits shall, so far as the same are applicable,
be observed in respect to affirmations and declarations
to be read or used in the Court, or before a Judge
sitting in Court or in Chambers, under the Act.
Cases for Motion.
-
Cases for motion are to set forth the
style and object of, and the names and descriptions
of the parties to, the cause or proceeding before the
Court; the proceedings already had in the cause, and
the dates of the same; the prayer of the party on
whose behalf the motion is made; and briefly, the
circumstances on which it is founded. -
If the cases tendered are deficient in any of
the above particulars, the same shall not be received
in the Registrar's Office, without permission of the
Registrar. -
On depositing the case in the Registrar's
Office, and giving notice of the motion, the affidavits
in support of the motion, and all original documents
referred to in such affidavits, or to be referred to by
Counsel on the hearing of the motion, must be also
left in the Registrar's Office; or in case such
affidavits or documents have been already filed or
deposited in the Registrar's Office, the same must be
searched for, looked up and deposited with the proper
clerk, in order to their being sent with the case to
the Judge. -
Copies of any affidavits or documents to be
read or used in support of a motion or summons, are
to be delivered to the opposite parties to the suit
who are entitled to be heard in opposition thereto.
Taxing Bills of Costs.
-
All bills of costs are referred to the Registrar
for taxation, and may be taxed by him without
any special order for that purpose. Such bills are to
be filed in the Registrar's Office. -
Notice of the time appointed for taxation
will be forwarded to the party filing the bill at the
address furnished by such party. -
The party who has obtained an appointment
to tax a bill of costs shall give the other party
or parties to be heard on the taxation thereof at least
one clear day's notice of such appointment, and
shall, at or before the same time, deliver to him
or them a copy of the bill to be taxed. -
When an appointment has been made by
a Registrar for taxing any bill of costs, and any
parties to be heard on the taxation do not attend
at the time appointed, the Registrar may never-
theless proceed to tax the bill after the expiration of
a quarter of an hour, upon being satisfied by affidavit
that the parties not in attendance had due notice
of the time appointed. -
The bill of costs of any solicitor will be
taxed on his application, as against his client, after
sufficient notice given to the person or persons liable
for the payment thereof; or on the application of
such person or persons, after sufficient notice given
to the practitioner. -
The fees payable on the taxation of any
bill of costs shall be paid by the party on whose
application the bill is taxed, and shall be allowed
as part of such bill; but if more than one-sixth of
the amount of any bill of costs taxed as between
practitioner and client is disallowed on the taxation
thereof, no costs incurred in such taxation shall be
allowed as part of such bill. -
If any order for payment of costs is required,
the same may be obtained by summons, on the
amount of such costs being certified by the Registrar.
Wife's Costs.
- After directions given as to the mode of
hearing or trial of a cause, or in an earlier stage of a
cause by order of the Judge, or of the Registrar
in his absence, to be obtained on summons, a wife
who has entered an appearance may file her bill
of costs for taxation as against her husband; and the
Registrar to whom such bill of costs is referred
for taxation shall, at the same time, if directions
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✨ LLM interpretation of page content
⚖️
Continuation of Supreme Court Rules concerning writs, service of notices, office copies, and witness examination procedures.
(continued from previous page)
⚖️ Justice & Law Enforcement9 November 1867
Supreme Court, Procedure, Rules, Affidavits, Costs, Wife's Costs, Evidence, Court Fees
NZ Gazette 1868, No 73