PROCEEDINGS AT TRIAL
Failure to appear by both parties or one of them
(O. 35, r. 1)
when the trial of an action is called on, neither party appears,
the Judge may dismiss the action or make any other order as he
If, when the trial of an action is
called on, one party does not appear, the Judge may proceed with
the trial of the action or any counterclaim in the absence of that party,
or may without trial give judgment or dismiss the action, or make
any other order as he thinks fit.
Judgment, etc., given in absence of party may be
set aside (O. 35, r. 2)
judgment or order made under Rule 1 may be set aside by the Court on
the application of any party on such terms as the Court thinks just.
An application under this Rule must
be made within 14 days after the date of the judgment or order.
Adjournment of trial (O. 35, r. 3)
Judge may, if he thinks it expedient in the interest of justice,
adjourn a trial for such time, and upon such terms, if any, as he
Order of speeches (O. 35, r. 4)
Judge before whom an action is tried may give directions as to the
party to begin and the order of speeches at the trial and, subject
to any such directions, the party to begin and the order of speeches
shall be that provided by this Rule.
Subject to paragraph (6), the plaintiff
shall begin by opening his case.
If the defendant elects not to adduce
evidence, then, whether or not the defendant has in the course of
cross-examination of a witness for the plaintiff or otherwise put
in a document, the plaintiff may, after the evidence on his behalf
has been given, make a second speech closing his case and the defendant
shall then state his case.
If the defendant elects to adduce
evidence, he may, after any evidence on behalf of the plaintiff
has been given, open his case and, after the evidence on his behalf has
been given, make a second speech closing his case, and at the close
of the defendant's case the plaintiff may make a speech
Where there are 2 or more defendants
who appear separately or are separately represented, then —
if none of them elects to adduce evidence,
each of them shall state his case in the order in which his name
appears on the record;
if each of them elects to adduce evidence,
each of them may open his case and the evidence on behalf of each
of them shall be given in the order aforesaid and the speech of
each of them closing his case shall be made in that order after
the evidence on behalf of all the defendants has been given;
if some of them elect to adduce evidence
and some do not, those who do not shall state their cases in the
order aforesaid after the speech of the plaintiff in reply to the
Where the burden of proof of all the
issues in the action lies on the defendant or, where there are 2
or more defendants and they appear separately or are separately represented,
on one of the defendants, the defendant or that defendant, as the
case may be, shall be entitled to begin, and in that case paragraphs
(2), (3) and (4) shall have effect in relation to, and as between,
him and the plaintiff as if for references to the plaintiff and
the defendant there were substituted references to the defendant and
the plaintiff respectively.
Where, as between the plaintiff and
any defendant, the party who would, but for this paragraph, be entitled
to make the final speech raises any fresh point of law in that speech
or cites in that speech any authority not previously cited, the
opposite party may make a further speech in reply, but only in relation
to that point of law or that authority, as the case may be.
Inspection by Judge (O. 35, r. 5)
Judge by whom any cause or matter is tried may inspect any place
or thing with respect to which any question arises in the cause
or matter. All such expenses shall be costs in the proceedings.
Death of party before giving of judgment (O. 35,
a party to any action dies after the finding of the issues of fact
and before judgment is given, judgment may be given notwithstanding
the death, but the foregoing provision shall not be taken as affecting
the power of the Judge to make an order under Order 15, Rule 7 (2),
before giving judgment.
be made by Registrar or proper officer of the Court (O. 35, r.
S 637/2006, wef 01/01/2007
Registrar or the proper officer of the Court must record the
time at which the trial commences and terminates, and the time actually
occupied on each day on which the trial takes place.
S 637/2006, wef 01/01/2007
the conclusion of the trial of any action, the Registrar or the
said officer must record the judgment given by the Judge,
and any order made by the Judge as to costs.
S 637/2006, wef 01/01/2007
The certificate of the Registrar or
the said officer in Form 65 shall be sufficient authority for the
proper officer in the Registry to enter judgment accordingly.
List of exhibits (O. 35, r. 8)
Registrar or the proper officer of the Court shall take charge of
every document or object put in as an exhibit during the trial of
any action and shall mark or label every exhibit with a letter or
letters indicating the party by whom the exhibit is put in or the
witness by whom it is proved, and with a number, so that all the
exhibits put in by a party, or proved by a witness, are numbered
in one consecutive series.
In this paragraph, a witness by whom
an exhibit is proved includes a witness in the course of whose evidence
the exhibit is put in.
The Registrar or the said officer
shall cause a list in Form 66 to be made of all the exhibits in
the action, and any party may, on payment of the prescribed fee,
have an office copy of that list.
The list of exhibits when completed
shall be attached to the pleadings and shall form part of the record
of the action.
For the purpose of this Rule a bundle
of documents may be treated and counted as one exhibit.
Custody of exhibit after trial (O. 35, r. 9)
Registrar shall retain all exhibits in his custody duly marked or
labelled so that in the event of an appeal to the High Court or
the Court of Appeal, he may be able to produce the exhibits so marked
or labelled at the hearing of the appeal.
After the expiration of the time for
appealing and if no appeal has been brought, or after the final
disposal of the appeal, as the case may be, the exhibits shall be
returned on request of the respective parties who put them in:
Provided that where the claim or counterclaim
is for money due under a negotiable instrument which is received
in evidence, the negotiable instrument must be retained in the Registry
and must not be delivered out of the custody of the Registry except upon
an order of the Registrar.
Impounded documents (O. 35, r. 10)
impounded by order of the Court shall not be delivered out of the
custody of the Court except in compliance with an order made by
a Judge on an application:
Provided that where the Attorney-General
makes a written request in that behalf, documents so impounded shall
be delivered into his custody.
Documents impounded by order of the
Court, while in the custody of the Court, shall not be inspected
except by a person authorised to do so by an order signed by a Judge.
Continuation of hearing by another Judge (O. 35,
a Judge who has commenced the hearing of a cause or matter is unable
through death, illness or other cause to conclude the hearing or
trial, the Chief Justice or the Senior District Judge, as the case
may be, may nominate another Judge to continue the hearing.
Nothing herein shall prevent the Judge
so nominated from recalling all or any of the witnesses or taking
their evidence afresh.