SECCION 6228 TUBERIA MET AUCA CORRUGADA (TMC) Descripción

Defendant not appearing

269 If, when a trial is called on, the plaintiff appears, and the defendant does not appear, the plaintiff may prove his claim, so far as the burden of proof lies upon him. R. 269.

Plaintiff not appearing

270 If, when a trial is called on, the defendant appears, and the plaintiff does not appear, the defendant, if he has no counterclaim, shall be entitled to judgment dismissing the action; but, if he has a counterclaim, then he may prove such counterclaim so far as the burden of proof lies upon him. R. 270.

Judgment by default; setting aside

271 Any verdict or judgment obtained, where one party does not appear at the trial, may be set aside by the court upon such terms as may be just, upon an application made within 15 days after the trial.

Witnesses may be excluded

272 The judge at the trial may at the request of either party order a witness to be excluded from the court until he is called to give evidence, and may also order any party intending to give evidence to be so excluded, and if the judge does not deem it expedient to order such party to be excluded he may require such party to be examined before the other witnesses on his behalf. Any such witness or party who does not conform to such order shall be liable to be punished, as to the judge may seem just, and the judge may in his discretion, exclude the testimony of any witness or party who does not conform to such order. R. 272.

(The next rule is Rule 274)

Postponement or adjournment of trial

274 The court may, if it thinks it expedient in the interest of justice, postpone or adjourn a trial for such time, and to such place, and upon such terms, if any, as it shall think fit; but no trial shall be postponed upon the ground of the absence of a material witness, unless the affidavit upon which the application is made distinctly states that the deponent is advised and believes that the party on whose behalf the application is made has a just cause of action or defence upon the merits, and that the application is not made for the purpose of improperly delaying the trial. R. 274.

Accidental omission to prove material fact or document

275 Where, through accident or mistake or other cause, any party omits or fails to prove some fact or document material to his case, the court may proceed with the trial subject to such fact or document being afterwards proved at such time and subject to such conditions as to costs or otherwise as the court shall direct; and if the case is being tried by a jury, the judge may adjourn the jury sittings and require the attendance of the jury trying the case upon a date to be fixed by him upon such terms as to costs as he deems just under the circumstances, or the trial judge may, if satisfied that such fact or document is one, formal proof of which could not be seriously controverted, direct the jury to find a verdict as if such fact or document had been proved before him, and the verdict shall take effect on such fact or document being afterwards proved before him; and, if not so proved, judgment shall be entered for the opposite party, unless the court otherwise directs. R. 275.

Evidence in mitigation for damages in actions for libel and slander

276 In actions for libel or slander, in which the defendant does not by his defence assert the truth of the statement complained of, the defendant shall not be entitled on the trial to give evidence in chief, with a view to mitigation of damages, as to the circumstances under which the libel or slander was published, or as to the character of the plaintiff, without the leave of the judge, unless seven days at least before the trial, he furnishes particulars to the plaintiff of the matters as to which he intends to give evidence. R. 276.

Addresses to jury

277(1) Unless the judge otherwise orders, upon a trial with a jury, the addresses to the jury shall be regulated as follows: the party who begins, or his counsel, shall be allowed at the close of his case, if his opponent does not announce any intention to adduce evidence, to address the jury a second time for the purpose of summing up the evidence, and the opposite party or his counsel shall have the right to address the jury in reply. If both parties adduce evidence, the party who begins, or his counsel, shall have the right to address the jury, after the other party or his counsel has addressed the jury.

(2) Unless the court otherwise orders, in non-jury cases the counsel for the party on whom lies the onus of proof shall first address the court and he shall have the right to reply. R. 277.

Cross-examination, Vexatious or irrelevant questions

278 The judge may, in all cases, disallow any questions put in cross-examination of any party or other witness which may appear to him to be vexatious, and not relevant to any matter proper to be inquired into in the cause or matter. R. 278.

Motion for dismissal

278A At the close of the plaintiff’s case the defendant may, without being called upon to elect whether he will call evidence, move for dismissal of the action. R. 278A, Gaz. Oct. 25/91. New.

Delivery of judgment

279 The judge shall, at or after trial, direct judgment to be entered as he shall think right, and no motion for judgment shall be necessary in order to obtain such judgment. R. 279.

Local registrar to make notes

280 The local registrar present at any hearing or trial shall make a note in a book to be kept for the purpose of the time at which such hearing or trial shall commence and terminate respectively, on each day on which the same shall take place, and the names of the counsel engaged and of the witnesses sworn, for communication to the taxing officer, if required; he shall also enter in such book all such findings of fact or other matters as the judge may direct to be entered, and the directions, if any, of the judge as to judgment. R. 280.

Inspection by a judge, Inspection by jury

281 Any judge by whom any cause or matter may be heard or tried may inspect any place, property or thing concerning which any question may arise therein; and in any cause or matter which may be heard or tried by a judge with a jury the judge may order a view by the jury and may make such orders upon the sheriff or other person as may be necessary to procure the attendance of the jury at such time and place, and in such manner as he may think fit. R. 281.

Exhibits

282 Exhibits filed on a hearing or trial shall be numbered and marked according to Form 23 and a list thereof, briefly describing such exhibit and stating by whom it was put in, shall be entered in the book mentioned in the next preceding rule. R. 282.

Minute of verdict,judgment or order

283 A minute of any verdict, judgment or order given, delivered or made in court at any hearing or trial shall be endorsed on the copy of pleadings or notice of motion filed, and when signed by the judge or by the local registrar present at the hearing or trial shall be a sufficient authority to the local registrar to enter judgment or issue the order accordingly. R. 283.

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PART TWENTY-SIX