35Shorthand notes

35 Shorthand notes Order 38 Court experts 1 Interpretation 2 Application to appoint independent expert 3 The report of Court expert 4 Cross-examination 5 Nomination and instructions 6 Experiments 7 Further report 8 Remuneration 9 Several issues 10 Costs of proceedings Order 39 Affidavits and depositions 1 Evidence on motions etc 2 Title of affidavits 3 Contents of affidavit 4 Exhibits 5 Certificate on exhibit 6 Use of figures 7 Before whom affidavits may be sworn 8 Affidavits etc how to be sworn and taken abroad 9 Form of affidavits 10 Description and abode of deponent to be stated 11 Affidavits made by two or more deponents 12 Filing before using 13 Affidavits to be filed in proper Registry 14 Scandalous matter 15 Alterations in affidavits 16 Affidavits by illiterate or blind persons 17 Affirmations 18 Use of defective affidavit 21 Special times for filing affidavits 22 Affidavits in support of ex parte applications 23 Copies of affidavits to be served 24 Alterations in accounts to be initialled Order 40 Exhibits 1 List of exhibits 2 Office copy of list of exhibits Order 41 New trials 1 New trial of cause heard without a jury 2 New trial of cause tried with a jury 3 Service of notice of motion 4 Application of rules relating to appeals 5 Hearing of application 6 Evidence of Judge’s direction Order 42 Motion for judgment 1 Judgment on motion for judgment 2 Setting down motion for judgment where issues have been directed to be tried 3 Where some only of issues directed have been tried, any party may apply to set down action on motion for judgment 4 Motion to be set down within one year 5 Where judgment given etc on motion for judgment Order 43 Entry of judgments 1 Mode of entry 2 Recital regarding service 3 Date of judgment pronounced in Court 4 Date of entry of other judgments 5 Time to be stated for doing any act ordered to be done 6 Judgment on production of affidavit or document 7 Judgment on production of order or certificate 8 Judgment on Registrar’s certificate 9 Judgment by consent when party appears by a solicitor 10 Consent of party in person 11 Entry of satisfaction Order 43A Interest on judgments Order 44 Drawing up judgments and orders 1 By whom judgments and orders to be drawn up 2 Documents to be filed before judgment or order signed 3 Documents to be left with Registrar on bespeaking judgment or order 4 Registrar may require party to submit draft 5 Time for bespeaking judgment or order 6 Where judgment or order not bespoken 7 Appointment for settling judgment or order 8 Notice of appointment to be served on opposite party 9 Service of notice of appointment 10 Proof of service 11 Appointment for passing judgment or order 12 Default in attending appointment with documents 13 Adjournment of appointments 14 Settling and passing judgment or order without appointment 15 Party to engross judgment or order 16 Judgments and orders to be filed; duplicates 17 Certificates for special allowance 18 When orders need not be drawn up 19 Date of order 20 Authentication 21 Entry of judgments and orders etc 22 Application to add to or vary 23 Consent orders Order 1 Preliminary, interpretation and commencement of proceedings I Preliminary and Interpretation 1 Name of rules \[see Note 1\] These rules are the High Court Rules 1952. 2 Commencement These rules shall come into operation on the first day of January, 1953, and shall apply to all proceedings and appeals commenced or instituted on or after that date.