ORDER 26

INTERROGATORIES

Discovery by interrogatories (O. 26, r. 1)
1. —(1) A party to any cause or matter may, in accordance with the following provisions of this Order, serve on any other party interrogatories relating to any matter in question between the applicant and that other party in the cause or matter which are necessary either —

(a) for disposing fairly of the cause or matter; or

(b) for saving costs.

(2) Without prejudice to the provisions of paragraph (1), a party may apply to the Court for an order giving him leave to serve on any other party interrogatories relating to any matter in question between the applicant and that other party in the cause or matter.

(3) A proposed interrogatory which does not relate to such a matter as is mentioned in paragraph (1) may not be administered notwithstanding that it might be admissible in oral cross-examination of a witness.

(4) In this Order —

"interrogatories without order" means interrogatories served under paragraph (1);

"ordered interrogatories" means interrogatories served under paragraph (2) or interrogatories which are required to be answered pursuant to an order made on an application under Rule 3 (2) and, where such an order is made, the interrogatories shall not, unless the Court orders otherwise, be treated as interrogatories without order for the purposes of Rule 3 (1).

(5) Unless the context otherwise requires, the provisions of this Order shall apply to both interrogatories without order and ordered interrogatories.

Form and nature of interrogatories (O. 26, r. 2)
2. —(1) Where interrogatories are served, a note at the end of the interrogatories shall specify —

(a) a period of time (not being less than 14 days from the date of service) within which the interrogatories are to be answered;
S 637/2006, wef 01/01/2007

(b) where the party to be interrogated is a body corporate or unincorporate which is empowered by law to sue or be sued whether in its own name or in the name of an officer or other person, the officer or member on whom the interrogatories are to be served; and

(c) where the interrogatories are to be served on 2 or more parties or are required to be answered by an agent or servant of a party, which of the interrogatories each party or, as the case may be, an agent or servant is required to answer, and which agent or servant.

(2) Subject to Rule 5 (1), a party on whom interrogatories are served shall, unless the Court orders otherwise on an application under Rule 3 (2), be required to give within the period specified under Rule 2 (1) (a) answers, which shall (unless the Court otherwise directs) be on affidavit.

(3) Interrogatories without order when served shall be in Form 48 save for the reference to an Order of Court. The answer to interrogatories without order shall be in Form 50 save for the reference to an Order of Court.

(4) Ordered interrogatories when served shall be in Form 48. The order for interrogatories shall be in Form 49 and the answers to ordered interrogatories shall be in Form 50.

Interrogatories without Order (O. 26, r. 3)
3. —(1) Interrogatories without order may be served on a party not more than twice.

(2) A party on whom interrogatories without order are served may, within 14 days of the service of the interrogatories, apply to the Court for the interrogatories to be varied or withdrawn and, on any such application, the Court may make such order as it thinks fit (including an order that the party who served the interrogatories shall not serve further interrogatories without order).

(3) Interrogatories without order shall not be served on the Government.

Ordered interrogatories (O. 26, r. 4)
4. —(1) Where an application is made for leave to serve interrogatories, a copy of the proposed interrogatories shall be served with the summons in Form 44 or 47 or the notice under Order 25, Rule 7, as the case may be, by which the application is made.

(2) In deciding whether to give leave to serve interrogatories, the Court shall take into account any offer made by the party to be interrogated to give particulars, make admissions or produce documents relating to any matter in question and whether or not interrogatories without order have been administered.

Objections and insufficient answers (O. 26, r. 5)
5. —(1) Without prejudice to Rule 3 (2), where a person objects to answering any interrogatory on the ground of privilege, he may take the objection in his answer.

(2) Where any person, on whom ordered interrogatories have been served, answers any of them insufficiently, the Court may make an order requiring him to make a further answer, either by affidavit or on oral examination as the Court may direct.

(3) Where any person, on whom interrogatories without order have been served, answers any of them insufficiently, the party serving the interrogatories may ask for further and better particulars of the answer given and any such request shall not be treated as service of further interrogatories for the purposes of Rule 3 (1).

Failure to comply with Order (O. 26, r. 6)
6. —(1) If a party fails to answer interrogatories or to comply with an order made under Rule 5 (2) or a request made under Rule 5 (3), the Court may make such order as it thinks just including, in particular, an order that the action be dismissed or, as the case may be, an order that the defence be struck out and judgment be entered accordingly.

(2) Without prejudice to paragraph (1), where a party fails to answer ordered interrogatories or to comply with an order made under Rule 5 (2), he shall be liable to committal.

(3) Service on a party’s solicitor of an order to answer interrogatories made against the party shall be sufficient service to found an application for committal of the party disobeying the order, but the party may show in answer to the application that he had no notice or knowledge of the order.

(4) A solicitor, on whom an order to answer interrogatories made against his client is served and who fails without reasonable excuse to give notice thereof to his client, shall be liable to committal.

Use of answers to interrogatories at trial (O. 26, r. 7)
7. A party may put in evidence at the trial of a cause or matter, or of any issue therein, some only of the answers to interrogatories, or part only of such answer, without putting in evidence the other answers or, as the case may be, the whole of that answer, but the Court may look at the whole of the answers and if of opinion that any other answer or other part of an answer is so connected with an answer or part thereof used in evidence that the one ought not to be so used without the other, the Court may direct that that other answer or part shall be put in evidence.

Revocation and variation of Orders (O. 26, r. 8)
8. Any order made under this Order (including an order made on appeal) may, on sufficient cause being shown, be revoked or varied by a subsequent order or direction of the Court made or given at or before the trial of the cause or matter in connection with which the original order was made.