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.)

  1. 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.

  2. 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.

  3. 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.

  1. 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.

  2. In every affidavit made by two or more persons,
    the names of the several persons making it are to be
    written in the jurat.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. When a special time is fixed for filing
    affidavits, no affidavit filed after that time shall be
    used, unless by leave of the Judge.

  8. 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.

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  1. 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.

  2. Notice of the time appointed for taxation
    will be forwarded to the party filing the bill at the
    address furnished by such party.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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.

  1. 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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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1868, No 73





✨ 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 Enforcement
9 November 1867
Supreme Court, Procedure, Rules, Affidavits, Costs, Wife's Costs, Evidence, Court Fees