PART XII EXAMINATION OF WITNESSES BEFORE TRIAL OR HEARING

41.-(1) Any necessary application for an order for examination of one of the parties or of a witness who is within the jurisdiction of the Court shall be made to a Judge thereof by summons.

(2) Such examination shall be viva voce unless otherwise directed before a person to be nominated by the Judge.

(3) The other parties in the suit shall have four clear days’ notice of the time and place appointed for the examination unless the Judge shall otherwise direct.

42.-(1) Application for a commission or for letters of request or for the appointment of a special examiner to examine a party or a witness who is outside the jurisdiction of the Court may be made by summons and the procedure with regard thereto shall conform as nearly as may be to the rules obtaining in civil actions in like cases. (For form of commission, see Appendix E).

(2) A wife may apply for security for her costs of such examination either at the hearing of the summons or subsequently by summons.