Θεσμοί Πολιτικής Δικονόμίας

[Δ.Κ. 1.11.1996] 1. If on the day fixed for trial the parties do not appear when the trial is called on, upon proof that they (or the party at whose instance such day was fixed) had notice, the action υπόκειται σε απόρριψη and shall not subsequently be heard, unless upon application to the Court, the Court orders reinstatement of the action on the ground that it is equitable so to do in the circumstances of the case.

2. If on the day fixed for trial any party fails to appear when the trial is called on, the Court shall require proof that the absent party was given notice of such day. In the absence of such proof, the Court may proceed with the trial if the presence of the absent party is not material, or may adjourn the trial and give such directions as may be necessary.

3. If on the day fixed for trial the plaintiff appears when the trial is called on but the defendant does not, then upon proof being given of the defendant having been given notice of such day, the plaintiff may prove his claim, so far as the burden of proof lies upon him and judgment may be given accordingly.

4. If on the day fixed for trial the defendant appears when the trial is called on but the plaintiff does not, then upon proof being given of the plaintiff having been given notice of such day, the defendant, if he has no counter-claim, shall be entitled to judgment dismissing the action, but if he has a counter-claim, then he may prove his counter-claim so far as the burden of proof lies upon him, and judgment may be given accordingly.

5. Any judgment obtained where one party does not appear at the trial may in a proper case be set aside by the Court upon such terms as may seem fit, upon an application made within fifteen days after the trial.

7. The proceedings at the trial shall be as follows :-(The party on whom the burden of proof lies is called in this Rule "the first party" , and the other party is called "the second party" .)

(i) Where the issues between the parties involve legal points only and the parties state that no evidence is being adduced, the first party may address the Court, then the second party may do likewise, and finally the first party may reply.

(a) The first party may open his case and adduce his evidence; after he has done so, the second party shall be asked whether he intends to adduce evidence and if he states that he does not so intend, then the first party may address the Court for the purpose of summing up the evidence; and finally the second party may address the Court. If the second party states that he does intend to call evidence, then this party may open his case and adduce his evidence and after he has done so, he may sum up the evidence, and finally the first party may reply.

(b) The first party may not adduce evidence in reply except by leave of the Court. If he desires to adduce such evidence, he must ask for leave immediately after the second party's evidence is concluded. If such leave is granted, the second party's summing up shall be postponed until after the evidence in reply is heard.

(c) When the first party has replied, or, if he has no right to reply, when the second party has addressed the Court, the case shall be closed, unless the Court directs either party to adduce further evidence or itself calls any witness.

8. Every document or other exhibit put in evidence shall be marked by a Judge or by an officer of the Court when it is put in, and the mark placed thereon shall be noted in the minutes of the Court. Exhibits shall remain in the custody of the Court and shall not be given out except by leave of a Judge.

9. On the hearing of any action involving a counter-claim or of any action and cross-action directed to be heard together, the order of proceedings shall be as follows :-( "The first party" in this Rule means the party on whom the burden of proof lies in respect of the claim in the action, and "the second party" means the other party; and "counter-claim" includes a cross-claim in a cross-action.)

(i) If the burden of proof in the counter-claim is on the first party, this party may address the Court in regard to the claim and the counter-claim, then the second party may do likewise, and finally the first party may reply;

(ii) If the burden of proof in the counter-claim is not on the first party, the first party may address the Court in regard to the claim, the second party may address the Court in regard to the claim and the counter-claim, then the first party may reply in regard to the claim and address the Court on the counter-claim, and finally the second party may reply in regard to the counter-claim only.

(b) Where the parties state that evidence is not being adduced in regard to the claim but is being adduced in regard to the counter-claim (or that it is not being adduced in regard to the counter-claim but is being adduced in regard to the claim), then the proceedings in the claim shall be severed from those in the counter-claim and be regulated in accordance with the provisions of Rule 7 of this Order. If witnesses have been summoned, that part of the case shall be taken first in which evidence is being heard.

(i) If the burden of proof as regards the counter-claim lies on the first party, this party may open his case and adduce his evidence both on the claim and the counter-claim; after he has done so, the second party shall be asked whether he intends to call evidence, and if he states that he does not so intend, then the first party may address the Court for the purpose of summing up the evidence; and finally the second party may address the Court. If the second party states that he does intend to call evidence, then this party may open his case and adduce his evidence both on the claim and the counter-claim, and after he has done so, he may sum up the evidence; and finally, the first party may reply. And paragraph (ii) (b) of Rule 7 of this Order shall apply.

(ii) If the burden of proof as regards the counter-claim does not lie on the first party, this party may open his case and adduce his evidence on the claim. After he has done so, the second party shall be asked whether he intends to call evidence on the claim. Then-

(a) If the second party states that he does not so intend, the first party may address the Court for the purpose of summing up the evidence on the claim, the second party may then address the Court on the claim, and the proceedings as regards the claim shall terminate with such address. Then the proceedings on the counter-claim shall begin with the second party opening his case thereon and adducing his evidence, and shall be conducted in the same manner as the hearing of a claim.

(b) If the second party states that he intends to call evident in regard to the claim, this party may open his case both on the claim and the counter-claim and adduce his evidence in regard to both. Then if the first party states that he is not calling evidence in regard to the counter-claim, the second party may address the Court for the purpose of summing up the evidence; and finally the first party may reply. If, on the other hand, the first party states that he intends calling evidence in regard to the counter-claim, then the second party shall address the Court on the claim, and the first party may open his case on the counterclaim and adduce his evidence thereon and thereafter address the Court for the purpose of summing up the evidence and of replying on the claim; and finally the second party may reply on the counter-claim only. (But the first party's reply on the claim may, if the Court so thinks fit, follow immediately after the second party's address thereon.)

A party shall not adduce evidence in reply except by leave of the Court; and where such leave is given, the evidence shall be adduced at such stage as the Court may direct, regard being had to the principle that the other party must be given an opportunity of commenting thereon.

The Court may, with the consent of the parties, sever the trial of the claim from that of the counter-claim, care being taken to save expense in respect of witnesses, if they have been summoned and are in attendance.

Subject to the foregoing provisions, the Court may modify, and regulate the proceedings in such manner as it may consider expedient so as to enable the claim and the counter-claim to be fully heard, regard being had to the principles underlying the procedure laid down in Rule 7 of this Order.

10. Where on the trial of any action it appears to the Court before which such action is being tried that it should have been instituted in another Court, the Court trying the action shall not dismiss it but shall stay the proceedings therein and order the plaintiff to pay the defendant's costs.

11. The Court may give judgment against either party on the close of his case without any further proceedings, unless it shall think fit to adjourn the trial so as to enable further evidence to be adduced.

12. At the conclusion of the trial the Court shall give judgment for the plaintiff or defendant, as the case may be, upon the claim and the counter-claim (if any) and shall include in its judgment a direction as to the costs of the action. Where a Judge in delivering judgment makes use of notes or reads a written judgment, the notes made use of or the judgment read shall forthwith be handed to the Registrar to be filed.

13. The presiding Judge shall make a note of the times at which a hearing or trial commences and terminates respectively and the time actually occupied thereby on each day on which the same shall take place, for purposes of taxation.

15. A judgment obtained by fraud may, upon action brought by any person, whether a party to the record or not, be set aside as against the person who committed or procured the fraud, but this limitation shall not apply to an action to set aside a judgment granting probate of a will.