Section 174: De bene esse proceedings
consolidated text (as at 2011, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
174. De bene esse proceedings
(1) Any party who intends to call a witness who on the day of the trial—
(a) will not be in Mauritius; or
(b) may not be alive or fit to give evidence because of his failing
health,
shall make an ex parte application of a de bene esse hearing of the witness
before the Judge in Chambers.
(2) Where an application under subsection (1) is granted, the Judge shall
direct that the order be served on all other parties to the proceedings.
(3) The de bene esse hearing shall take place on a date to be fixed by the
Judge in Chambers.
(4) The de bene esse proceedings shall form part of the record of the
main case and shall be admitted in evidence.
[S. 174 amended by Act 15 of 2000.]
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Questions this section answers
- Can I have a witness's evidence taken early if they will be out of the country or too ill by the trial date?