Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 150

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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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