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Practice Direction 1 of 2004 (Rules for the Production of Documentary Exhibits)

IN THE SUPREME COURT OF TONGA

Practice Direction 1/2004

The following rules will apply in all cases from 9 February 2004.

Rules for the Production of Documentary Exhibits

1. In all trials, the court must be provided with sufficient copies of documents that are to be produced. The obligation is on the party which intends to produce the document.

2. Where a number of documents are to be produced, they must be bound together and numbered sequentially.

3. The numbering must be the same on all bundles and it is the duty of counsel for the party producing them to ensure this is the case before they are filed and served.

4. In civil cases, especially where a considerable number of documents are to be produced, counsel may agree the bundle.

5. All documents must be filed and served no later than the pre-trial conference.

6. If counsel wishes to produce any document not filed by the time of the pre-trial conference, application for leave will have to be made to the court.

7. In jury trials, any application for leave will be made in the absence of the jury.

8. In all cases, there must be, in addition to the original documents, a copy for the court and for each party in the case.

9. In jury trials there must be seven extra copies provided.

10. In the case of photographs, application may be made to use photocopies of the originals. Such application must be made before the pre-trial conference and leave will only be given if they are of good resolution and quality.

11. When there is a need to depart from any of these rules, for example, where the document by its size or nature cannot conveniently be copied, application for leave must be made before the pre-trial conference.

Chief Justice

Dated: 27th January 2004