2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

44.5   Conduct of oral examination

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    (1)   The examination may take place before the registrar or an officer of the court authorized by the Chief Justice.

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    (2)   A person referred to in paragraph (1) is called “the examiner”.

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    (3)   The examination must be on oath or affirmation.

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    (4)   The statement made by the examinee must be recorded and read to the examinee who must then be asked to sign it.

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    (5)   If the examinee refuses to sign the statement it must be signed by the examiner and certified to be a true record of the examination.

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    (6)   If the examinee —

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      (a)     fails to attend;

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      (b)     refuses to be sworn or affirm; or

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      (c)     refuses to answer any question,

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    the examiner may adjourn the examination to a judge or master.

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    (7)   The notice of the adjourned hearing must be in Form 15.

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    (8)   The judgment creditor must —

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      (a)     serve the examinee personally with the notice of the adjourned hearing endorsed with the first form of notice set out in rule 53.3(b) at least 7 days before the adjourned examination; and

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      (b)     file an affidavit proving service of Form 15 and that the examinee was offered his or her travelling expenses to and from the court.