to be filed and the validity of the objection shall be decided by the Court or a Judge in chambers.
23. In any case under rules 21 and 22 of this Order the Court or a Judge in chambers shall have power to order
the witness to pay any costs occasioned by his refusal or objection.
24. When the examination of any witness before any examiner has been concluded, the original depositions,
authenticated by the signature of the examiner, shall be transmitted by him to the Registry, and there filed.
25. The person taking the examination of a witness under rule 24 of this Order may, and if need be shall, make a
special report to the Court touching that examination and the conduct or absence of any witness or other person
thereon and the Court or a Judge in chambers may direct such proceedings and make such order upon the report
as the Court or Judge in chambers may think just.
26. Except where these rules otherwise provide or the Court or a Judge in chambers directs, no deposition shall
be given in evidence at the hearing or trial of the action without the consent of the party against whom the
deposition may be offered, unless the Court or Judge in chambers is satisfied that the deponent is dead or beyond
the jurisdiction of the Court or unable from sickness or other infirmity to attend the hearing or trial, in any of
which cases the depositions certified under the hand of the person taking the examination shall be admissible in
evidence, saving all just exceptions, without proof of the signature to such certificate.
27. Any officer of the Court or other person directed to take the examination of any witness or person or any
person nominated or appointed to take the examination of any witness or person pursuant to the provisions of
any Convention now made or which may hereafter be made with any foreign country, may administer oaths.
28. Any party in any action may by subpoena ad testificandum or duces tecum require the attendance of any
witness before an officer of the Court or other person appointed to take the examination, for the proceeding in
the cause or purpose of using his evidence upon any matter in like manner as such witness would be bound to
attend and be examined at the hearing or trial and any party or witness having made an affidavit to be used or
which shall be used on any proceeding in the action shall be bound on being served with such subpoena to attend
before such officer or person for cross-examination.
29. The practice with reference to the examination, cross-examination, and re-examination of witnesses, at a
trial, shall extend and be applicable to evidence taken in any action at any stage.
30. The practice of the Court with respect of evidence at a trial when applied to evidence to be taken before an
officer of the Court or other person in any action after the hearing trial, shall be subject to any special directions
which may be given in any action.
31. No affidavit or deposition filed or made before issue joined in any action shall, without special leave of the
Court or a Judge in chambers be received at the hearing or trial thereof, unless within one month after issue
joined or within such longer time as may be allowed by special leave of the Court or a Judge notice in writing is
given by the party intending to use the same to the opposite party of his intention in that behalf.
32. All evidence taken at the hearing or trial of any cause or matter may be used in any subsequent proceedings
in the same cause or matter.
33. (1) Where it is intended to sue out a subpoena, a praecipe for that purpose, in Form 86 in the Appendix to
these Rules, containing the name or firm and the place of business or residence of the legal practitioner intending
to issue out the subpoena and where the legal practitioner is an agent only, then also the name or firm and place
of business or residence of the principal legal practitioner, shall in all cases be delivered and filed at the Registry.
(2) No subpoena shall be issued unless all court fees have been paid (including fee for service) and unless
sufficient conduct money on the prescribed scale is deposited to cover the first day's attendance.
34. A writ of subpoena shall be in one of Forms 40, 41 or 42 in the Appendix to these Rules, with such variations
as circumstances may require.
35. Where a subpoena is required for the attendance of a witness for the purpose of proceedings in chambers,
that subpoena shall issue from the Registry upon a note from the Judge.