Cap. 12 · Code Of Organization And Civil Procedure (Cap. 12)
Cap. 12 чл. 173Orders in camera.
Title XI of Book Third of this Code shall not apply to proceedings
(1) The court may, in order to ensure full compliance with all matters of procedure, or to seek more detailed information, or to expedite or facilitate proceedings or to avoid the unnecessary appearance of parties or witnesses, give all such orders in camera and directives it may think fit, and it shall be sufficient that such orders or directives be communicated by the registrar even by letter to the advocates or legal procurators of the parties, which letter is to be handed personally to such advocate or legal procurator, and, by post, to the parties themselves. This provision shall apply to any stage of the proceedings before judgment is delivered. An appeal from such orders or directives, where admissible, may be entered only after the definitive judgment and together with an appeal from such judgment, and such orders or directives may not be challenged before the definitive judgment is delivered.
(2) Without prejudice to the foregoing provisions of this article the court may, at any stage of the proceedings -
(a) either on its own motion or on an application by any party to the proceedings, direct that the evidence of any person intended to be produced as a witness be taken before a judicial assistant at such place and time under such conditions as may be specified in the order;
(b) on an application by any party to the proceedings, desiring to confirm a fact stated in the application, or in a note accompanying it, by the affidavit of a person named by the party, order the person so named to appear for that purpose before a judicial assistant at such place and time as may be specified in the order;
(c) either on its own motion or on a note filed by any party to the proceedings, direct that proceedings be stayed for such period as it considers appropriate, and refer the parties to a mediator in accordance with the
Mediation Act.
(3) In the case of an order given under sub-article (2)(b), the judicial assistant shall ask the person named whether he confirms or denies each fact specified in the application or note and shall make a record of the replies given together with any other statement, if any, qualifying his reply, and cause such record to be confirmed on oath by the person aforesaid. The judicial assistant shall insert the affidavit in the records of the case and cause a copy thereof to be served on the parties.
(4) When an application as in referred to in sub-article (2)(b) is filed together with any written pleading referred to in article 160, the Court may direct that the service of such written pleading shall be suspended for such period, not exceeding three months, as the court may determine.
История на изменения
- Amended by VII.2007.15