Cap. 12 · Code Of Organization And Civil Procedure (Cap. 12)
Cap. 12 Art. 914Examination of demand for benefit of legal aid by AdvocateforLegal Aid.
Title X
(1) Where the demand is made by an application, the Civil Court, First Hall, shall refer the application to the Advocate for Legal Aid who shall summarily examine the demand and report to the Civil Court, First Hall, whether the applicant has reasonable grounds for taking or defending proceedings, and where the demand is made orally to the Advocate for Legal Aid, he shall proceed directly with such examination and report:
Provided that no such examination shall be necessary where the demand for admission to the benefit of legal aid is made by the defendant in first instance or the respondent in second instance, and such defendant or respondent shall always be admitted to defend with such benefit upon taking the oath prescribed in article 912.
(2) Where the defendant desires to set up a counter-claim against the plaintiff, the said examination shall be made in regard to such counter-claim.
(3) Where the Advocate for Legal Aid deems it necessary to examine witnesses, he shall apply to the Civil Court, First Hall, for such witnesses to be summoned to attend before him.
(4) The writ of subpoena to such witnesses shall be issued free of charge.
(5) The Advocate for Legal Aid, before taking the evidence of the witnesses, shall administer the oath to them.
(6) Should any witness, duly summoned, fail to attend, the
Civil Court, First Hall, shall, on the report in writing of the Advocate for Legal Aid, proceed in the manner provided in article 575. 915. Repealed by: IX.2004.10.
Wijzigingsgeschiedenis
- Amended by XXIV.1995.333