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" Court or judge that the other party bona fide desires the production of a witness for cross-examination, and that such witness can be produced, an order shall not be made authorizing the evidence of such witness to be given by affidavit. "
The Weekly Notes - Page 314
1873
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Journal of the American Judicature Society, Volumes 1-4

American Judicature Society - Justice, Administration of - 1917 - 782 pages
...desires the production of a witness for crossexamination, and that such witness can be produced, and order shall not be made authorizing the evidence of such witness to be given by affidavit. 37. EVIDENCE AT INTERLOCUTORY APPLICATIONS— Upon any interlocutory application evidence may be given...
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Roscoe on the Admiralty Jurisdiction and Practice of the High Court of ...

Edward Stanley Roscoe, Helenus Macaulay Robertson, Alfred Townsend Bucknill, H. W. Lovell - Admiralty - 1920 - 840 pages
...appears to the 0. 37, Court or judge that the other party bond Jide desires the pro- r- 1—3duction of a witness for cross-examination, and that such...witness can be produced, an order shall not be made authorising the evidence of such witness to be given by affidavit. 2. In default actions in rem, and...
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The Laws of the Federated Malay States, 1877-1920, Volume 3

Federated Malay States - Law - 1921 - 814 pages
...as the Court thinks reasonable. Provided that, where it appears to the Court that either party bond fide desires the production of a witness for cross-examination...evidence of such witness to be given by affidavit. 194. Upon any application evidence may be given by affidavit, but the Court may, at the instance of...
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Reports of the Exchequer Court of Canada ..., Volume 11

Canada. Exchequer Court - Admiralty - 1909 - 508 pages
...officer of the Court, provided that where it appears to the Court or Judge that the other partv bond fide desires the production of a witness for crossexamination...evidence of such witness to be given by affidavit. EO xxxvii., R. 1. BTILE 183. Evidence by affidavit in certain cases subject to cross-examination. Upon...
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The Revised Statutes of Nova Scotia, 1923, Volume 2

Nova Scotia - Court rules - 1923 - 1384 pages
...commissioner or examiner; Provided that where it appears to the judge that the opposite party bona fide desires the production of a witness for cross-examination...evidence of such witness to be given by affidavit. RS, c. 126, s. 7. 8. Both the petitioner and the person sought to be counsel, interdicted may be represented...
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The Law of Carriage by Railway in Great Britain and Ireland

Lewis Richard Lipsett, Thomas John Day Atkinson - Carriers - 1928 - 980 pages
...them for that purpose, provided that when it appears to the Commissioners that the other party bona fide desires the production of a witness for cross-examination,...witness can be produced, an order shall not be made authorising the evidence of such witness to be given by affidavit. Depositions taken before a person...
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Statutory Instruments, Part 2

Great Britain - Delegated legislation - 1957 - 1514 pages
...grounds of the application. (3) Where it appears to the judge or registrar that any party reasonably desires the production of a witness for cross-examination...witness can be produced, an order shall not be made authorising the evidence of such witness to be given by affidavit, but the expenses of such witness...
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The State Reports, South Australia

South Australia. Supreme Court - Law - 1923 - 636 pages
...commissioner or examiner; provided that, where it appears to the Court or Judge that the other party bona fide desires the production of a witness for cross-examination,...evidence of such witness to be given by affidavit." " (5) An order for a commission to examine witnesses shall be in the Forms Nos. 36 or 37 in Appendix...
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Reports of Cases Decided by the Railway and Canal Commissioners, Volume 6

Great Britain. Courts - Canals - 1889 - 302 pages
...them for that purpose, provided that when it appears to the Commissioners that the other party bond fide desires the production of a witness for cross-examination,...witness can be produced, an order shall not be made authorising the evidence of such itness to be given by affidavit. Commissioners may require further...
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Statutes of the Province of Ontario

Ontario - Law - 1881 - 554 pages
...before an examiner ; provided that where it appears to the Court or Judge that the other party bona fide desires the production of a witness for cross-examination,...evidence of such witness to be given by affidavit. 102 vs:t Evidence on motion, or petition. JUDICATURE ACT. 44 Vic. 3S4 Affidavits hov framed. 2. Upon...
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