Section 8: Further proceedings

8. Further proceedings (1) The Judge shall, pursuant to section 7 (2) (a) (iii)— (a) in the case of a petition under article 238-1 or article 238-3 of the Code Civil Mauricien, fix the case for trial on a date determined by him; (b) in every other case— (i) where the respondent has indicated that the petition will not be resisted, cause the case to be fixed for trial on a date determined by him; (ii) where the respondent was not present on the day fixed for presentation of the petition or was present and indicated that the petition is resisted, cause the matter to be mentioned before the Court on a date determined by him. (2) Where the respondent was not present on the day fixed for presentation of the petition, the petitioner shall give not less than 15 days’ notice to the respondent of the date fixed under subsection (1) (b) (ii). (3) On the day fixed under subsection (1) (b) (ii), the respondent may— (a) admit the contents of the petition; (b) file his reasons of objection; (c) file a cross petition, and the Court shall fix the case for trial. (4) (a) Where the Court has fixed a date for trial, either party shall, not later than 15 days before the date, give notice to the Court and to the other party of his list of witnesses. (b) Any respondent who intends to resist a petition shall, not later than 15 days before the date of trial, give notice to the petitioner of his objections. [S. 8 repealed and replaced by s. 3 (d) of Act 2 of 2011 w.e.f. 15 May 2011.]