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NOTICE by Defendant, to try before Judge and Jury.

The defendant may (a) upon giving notice within four days from the time of the service of the notice of trial, or (b) within such extended time as a Court or Judge may allow, to the effect that he desires to have the issues of fact tried before a Judge and jury, be entitled to have the same so tried (Ord. 36, r. 3).

NOTICE of special jury.

The party who obtains the special jury will have to pay all the costs thereof, whatever may be the result of the action, unless the Judge certifies that the action was a proper one to be tried before a special jury.

ENTRY for Trial.

If notice of trial is given for elsewhere than London or Middlesex, either party may enter the action for trial (Ord. 36, r. 15).

If both parties enter it for trial it shall be tried in the order of the plaintiff's entry (Ord. 36, r. 15).

If notice of trial given for London or Middlesex, and the party giving the notice omits to enter the cause on the day or day after giving such notice, the party to whom such notice has been given may enter the action within four days (unless the notice has been countermanded under Rule 13) (Ord. 36, r. 14).

The party entering the action for trial shall deliver to the officer two copies of the pleadings, one of which shall be for the use of the Judge. Such copies to be printed, except such parts (if any) as are by the rules permitted to be written (Ord. 36, r. 17).

[After the action is entered for trial, the next thing

is to get all ready for hearing; and in those

ENTRY for Trial-continued.

preparations two notices are usually given, viz., a notice "to produce" documents at the trial, and a notice "to inspect and admit" documents.

The notice to produce is simply a notice by either plaintiff or defendant, calling upon the opposite party to produce certain documents at the trial, and the object of giving such notice is that if the party to whom such notice is given does not produce the documents the party giving notice may give secondary evidence of the contents of such documents by copies, &c., which he would not be entitled to do, had he not given such notice].

[The notice to inspect and admit is similar to the above, and is given to save the expense of calling witnesses to prove the documents at the trial].

PLANTIFF'S Notice to Produce and Inspect, &c. Every party to an action or other proceeding shall be entitled

1. At any time before the hearing, or

2. At the hearing,

by notice in writing, to give notice to any other party (a) in whose pleadings or (b) affidavits reference is made to any document, to produce such document for the inspection of the party giving notice, or of his solicitor, and to permit him or them to take copies thereof (Ord. 31, r. 14).

And any party not complying with such notice shall not afterwards be at liberty to put any such document in evidence on his behalf in such action, unless

(a) He satisfies the Court that such document

PLAINTIFF'S Notice to Produce and Inspect, &c.-continued.

relates only to his own title (he being a defendant to the action); or

(b) That he had some other sufficient cause for
not complying with such notice (Ord. 31,
r. 14).

The party to whom such notice is given shall—
1. Within two days after receipt of such notice,
[if all the documents therein referred to are
set forth in his affidavit of documents,]
Or, 2. Within four days after receipt of such
notice

[if any of the documents referred to in such

notice are not so set forth in his affidavit] deliver to the party giving the same a notice stating a time within three days from the delivery thereof at which the documents, or such of them as he does not object to produce, may be inspected at the office of his solicitor, and stating which (if any) of the documents he objects to produce, and on what ground (Ord. 31, r. 16).

[If party served with notice to produce omits to give notice of time for inspection, or objects to give inspection, the other party may apply to a Judge for an order for inspection (Ord. 31, r. 17).

DEFENDANT'S Notice to Produce and Inspect, &c. (See Order 31, Rules 14-17, supra, and "Plaintiff's Notice to Produce," &c., supra, page 53).

Admission of documents, &c. Any party to an action may give notice, by his own statement or otherwise, that he admits the truth of the whole or any part of the case stated or referred to in the statement of claim, defence, or reply of any other party (Ord. 32, r. 1).

Either party may call upon the other party to admit

ADMISSIONS-continued.

any document, saving all just exceptions (Ord. 32, r. 2); and in case of

(a) Refusal, or

(b) Neglect to admit after such notice,

the costs of proving any such document shall be paid by the party so neglecting or refusing, whatever the result of the action, unless at the hearing or trial the Court certify that the refusal to admit was reasonable; and no costs of proving any document shall be allowed unless such notice be given, except where the omission to give the notice is, in the opinion of the taxing officer, a saving of expense (Ord. 32, r. 2).

An affidavit

(a) Of the solicitor, or

(b) of his clerk,

of the due signature of any admissions made in pursuance of any notice to admit documents, and annexed to the affidavit, shall be sufficient evidence of such admissions (Ord. 32, r. 4).

[Where the Court or a Judge shall be of opinion. that any allegations of fact denied or not admitted by the defence ought to have been admitted, the Court may make such order as shall be just with respect to any extra costs occasioned by their having been denied or not admitted (Ord. 22, r. 4).]

Every allegation of fact in any pleading in an action, not being a petition or summons, if not denied specifically or by necessary implication, or stated to be not admitted in the pleading of the opposite party, shall be taken to be admitted, except as against an infant, lunatic, or person of unsound mind not so found by inquisition (Ord. 19, r. 17).

TRIAL.

After the notices to inspect, and the admissions by either party, the subpoenas "to testify" and "to

TRIAL-continued.

bring documents, &c." are issued and served. The only thing then is to deliver the briefs to counsel, and watch the cause list until the cause comes on for hearing.

Trial by jury. Subject to rules of court sittings for the trial by jury of causes and questions or issues of fact shall be held in Middlesex and London, and such sittings shall, so far as is reasonably practicable, and subject to vacations, be held continuously throughout the year by as many Judges as the business to be disposed of may render necessary (S. C. J. A. 1873, s. 30).

Every trial of any question or issue of fact by a jury shall be held before a single Judge, unless such trial be specially ordered to be held before two or more Judges (Ord. 36, r. 7).

Nothing in this act, or in the first schedule hereto, or in any rules of Court to be made under this act, save as far as relates to the power of the Court for special reasons to allow depositions or affidavits to be read, shall affect the mode of giving evidence by the oral examination of witnesses in trials by jury, or the rules of evidence, or the law relating to jury men or juries (S. C. J. A. 1875, s. 20).

The list or lists for trial in London and Middlesex are to be prepared and the actions are to be allotted for trial without reference to the Division to which such actions may be attached (Ord. 36, r. 16).

The Modes of Trial are as follows:—
1. Before a Judge or Judges.

2. Before a Judge sitting with assessors.
3. Before a Judge and jury.

4. Before an official referee with assessors.

5. Before an official referee without assessors.

6. Before a special referee with assessors.

7. Before a special referee without assessors (Ord. 36, r. 2).

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