Discovery by interrogatories (O. 26, r. 1)
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 —
for disposing fairly of the cause
or matter; or
for saving costs.
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.
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.
In this Order —
served under paragraph (1);
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).
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)
interrogatories are served, a note at the end of the interrogatories shall
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
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
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.
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.
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.
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)
without order may be served on a party not more than twice.
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).
Interrogatories without order shall
not be served on the Government.
Ordered interrogatories (O. 26, r. 4)
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.
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)
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.
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.
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
Failure to comply with Order (O. 26, r. 6)
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.
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.
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.
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,
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)
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.