S.L. 12.9 Art. 11Conduct of proceedings. Cap. 12. Cap. 12.

(1) Evidence in a cause shall be heard either directly by the court or by means of an affidavit except in those cases where the nature of the case requires proof by a technical referee, who shall as far as possible assist the court when the evidence is heard by it viva voce, and where a need arises such evidence may be heard by the referee, also with the assistance of a legal referee or a judicial assistant, in a sitting fixed for the purpose.

(2) Where no pre-trial hearing has taken place, the court shall on the first sitting of a cause ensure that the disputed issues of fact and of law in the cause are identified and recorded in the acts of the proceedings, and that the parties shall indicate and record in the acts of the proceedings the specific object of each witness indicated by them according to article 561 of the Code, also to ensure, among other things, the proper application of article 558 of the said Code.

(3) During the first sitting of each case the court shall -

(a) either fix a date or consecutive dates for the hearing of all the witnesses of the parties up to the adjournment of the cause for judgment, and where it is not possible to fix consecutive dates, to fix dates which are as near as possible to one another, in order to reach the same objective; or

(b) if the parties agree (to a request made by one of the parties) that all evidence be produced by means of affidavits (or when the court is unable to fix a date for the hearing of evidence the court shall viva voce), order specific periods during which each party is to produce all its evidence by means of an affidavit, and shall subsequently fix the date when the cross examination of the witnesses who had made an affidavit shall be heard, if such cross examination is requested.

(4) The terms referred in sub-rule (3) may be extended by the court for valid and serious reasons which shall be indicated in the order granting the extension.

(5) Where a witness refuses to co-operate with any of the parties and refuses to make an affidavit, such party shall file an application as is referred to in article 173(2) of the Code, in sufficient time so that such witness shall appear and give evidence before the judicial assistant in accordance with the said article.