Mode of taking evidence
AI Assist
Summary
Witnesses who can attend must be examined orally in court. Either party may testify personally and be examined, cross-examined and re-examined like any other witness. Parties may instead verify their case by affidavit, but any deponent who files an affidavit must attend for oral cross-examination if the opposite party or the court requests, and may then be re-examined.
Example
Priya files an affidavit to support her divorce petition. The respondent asks the court to have Priya produced for oral cross-examination. The court orders her to appear, she is cross-examined orally, and then re-examined by her own lawyer.
Bare Act
Enacted textThe witnesses in all proceedings before the Court, where their attendance can be had, shall be examined orally, and any party may offer himself or herself as a witness, and shall be examined, and may be cross-examined and re-examined, like any other witness:
Provided that the parties shall be at liberty to verify their respective cases in whole or in part by affidavit, but so that the deponent in every such affidavit shall, on the application of the opposite party, or by direction of the Court, be select to be cross-examined by or on behalf of the opposite party orally, and after such cross-examination may be re-examined orally as aforesaid by or on behalf of the party by whom such affidavit was filed.
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