Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 150
150. (1) The Court of Appeal shall only allow the production of
new documents -
(a) if, notwithstanding all due diligence, the document
could not be obtained before the filing of the pleading
with which it should have been produced, and the
filing of such pleading could not, without prejudice, be
delayed; or
(b) if the court is satisfied of the necessity or expediency
of having the docu ment before it:
Provided that, in any such case, the court may, in
adjudging the costs of the cause, take into account the
tardy production of the document; or
(c) if the opposite party, by a separate note, or by an
annotation in the margin or at the foot of the note by
which the document is produced, gives his consent
thereto; or
(d) if it is proved, by oath or otherwise, that the party
producing the document, had not been aware of it, or
could not, with the means provided by law, have
produced it, in due time; or
(e) if the document to be produced is a book or other
paper in the original, copies whereof or extracts
wherefrom, relating to the matters at issue, were
produced in due time; or
(f) before any referee, if bearing on the subject-matter of
his reference.
Demands on
collateral issues.
(2) Any necessary demand concerning any collateral issue
shall, however, be allowed at any stage of the cause, as occasi on
may require.
44 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE
Cause book.
Amended by:
IX.l886.21;
XXIV .1995.65.
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