Revised Laws of Saint Lucia (2021)

Section III   Evidence

§ 1. Inscription for Proof and Hearing

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   220-225.   (Repealed by S.I. 3 of 1970)

§ 2. Summoning Witnesses

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   226-228.   (Repealed by S.I. 3 of 1970)

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   229.   Any person who is present in the room in which the proof is being taken may be examined as a witness, and is bound to answer, under the same penalties as if he or she had been regularly summoned by the party who desires to examine him or her.

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   230.   The evidence given by a party to a suit examined as a witness may be used as a commencement of proof in writing.

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   231.   (Repealed by S.I. 3 of 1970)

§ 3. The Examination of Witnesses

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   232.   Any party may demand that during the examination of any witness, the other witnesses should be out of the Court or room in which the examination is taken.

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   233.   Before the deposition of a witness can be taken, he or she must swear or solemnly affirm in such cases where a solemn affirmation is lieu of an oath is by law allowed to tell the truth.

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   234.   The form of oath and the manner of taking it may in the discretion of the Court or Judge be changed, according to the religious creed of the witness, in such a manner, however, as to bind him or her to declare nothing but the truth.

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   235.   Any witness refusing to take the oath or affirmation is deemed to refuse to give evidence.

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   236.   A witness who is present cannot refuse to give evidence, under pretext that the necessary amount to defray his or her travelling expenses has not been paid to him or her.

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   237.   Before the witness is admitted to be sworn he or she may be examined by either of the parties as to his or her belief in God, and in a state of rewards and punishments after death.

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   238.   Written questions may be submitted to a deaf mute who can read and write. His or her answers may be written down by himself or herself.

§ 4. Evidence taken in Presence of the Judge

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   239-241.   (Repealed by S.I. 3 of 1970)

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   242.   The Judge takes down or causes the Registrar to take down, notes of all admissions made verbally by the parties; and such notes, signed by the Judge, are evidence in the same manner as if they were signed by the parties.

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   243.   The witness being sworn by or having made an affirmation before the Registrar, must first be asked and must declare his or her names, surname, age, quality or occupation, and domicile.

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   244.   A party cannot impeach the credit of a witness produced by himself or herself, but he or she may prove by others the contrary of what such witness has stated, or by leave of the Judge, he or she may prove that at other times he or she has made a statement inconsistent with his or her present testimony; provided, in the latter case, the witness be first questioned upon the subject.

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   245.   Witnesses are examined by the party producing them, or his or her counsel, but only touching the facts in issue; and the questions must not be leading unless the witness evidently attempts to elude the question or to favour the other party.

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   246.   When a party has ceased examining a witness he or she has produced, the opposite party may cross-examine such witness upon the facts referred to in his or her examination in chief; or he or she may require an entry to be made of his or her declining to cross-examine.

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   247.   A witness may be re-examined by the party producing him or her, when new facts have been elicited on the cross-examination, or for the purpose of explaining his or her answers to the cross-questions.

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   248.   When witnesses are called to prove the identity of any object in the possession of one of the parties, the Court or Judge may order that the party shall, either in Court or at any other convenient place or time, exhibit such object to the witnesses thus called to give evidence concerning it; and in default of his or her so exhibiting the object, it will be held to have been identified.

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   The Court or Judge may likewise order any witness who is in possession of any object which is the subject of the litigation, to produce it, under the same penalties in case of default, as for refusing to answer pertinent questions.

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   249.   A witness may object to answer questions put to him or her, if his or her answer would expose him or her to a criminal prosecution.

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   This objection can only be made by the witness himself or herself.

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   250.   He or she cannot be compelled to declare what has been revealed to him or her confidentially in his or her professional character as religious or legal adviser, or as an officer of state where public policy is concerned.

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   251.   The Court may forbid any question which appears to be intended to insult or annoy, or which though proper in itself, appears to the Court needlessly offensive in form.

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   252.   The may forbid any question which it regards as indecent or scandalous, although such question may have some bearing on the case before the Court, unless it relates to facts in issue or matters necessary to be known in order to determine whether or not the facts in issue existed.

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   253.   A witness is bound to produce any other than an official document in his or her possession touching the matter in issue, and if it is a private writing, to allow a copy or extracts thereof to be take; and such copies or extracts, certified by the Registrar, are entitled to the same credence as would be given to the original. If the document be a notarial one the witness may refuse to produce it unless the cost thereof be paid him or her.

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   254.   Any witness who, without valid reason, refuses to answer or to produce documents or other things connected with the suit and in his or her possession, may be compelled by imprisonment to do so.

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   255.   Any person summoned to produce a document without being summoned to give evidence is deemed to have complied with the summons if he or she cause such document to be deposited with the Registrar.

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   256.   A witness cannot withdraw without the permission of the Judge.

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   257.   If the examination of a witness cannot be completed on the day he or she appears, he or she is bound to attend again on the next following juridical day, or on such other day as is assigned to him or her by the Judge, which day is mentioned in the notes of his or her evidence or entered upon the registers of the Court, and in default he or she is liable to the same penalties as for refusing to attend upon the subpoena.

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   258.   (Repealed by S.I. 3 of 1970)

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   259.   (Repealed by S.I. 3 of 1970)

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   260.   When one party has closed his or her evidence, the other party shall enter upon his or her counter-evidence and have his or her witnesses examined, unless otherwise ordered by the Court.

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   261.   If, on the day fixed for hearing or continuing the evidence, the party who is bound to proceed does not produce any witnesses, or give any valid reason for their absence, his or her evidence may be declared closed.

§ 5. Evidence Taken down at Length

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   262-264.   (Repealed by S.I. 3 of 1970)

§ 6. Taking Evidence before Examiners

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   265-271.   (Repealed by S.I. 3 of 1970)

§ 7. Commissions for the Examination of Witnesses

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   272-281.   (Repealed by S.I. 3 of 1970)

§ 8. Evidence ex parte

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   282-283.   (Repealed by S.I. 3 of 1970)

§ 9. The Incidents of Evidence

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   284.   All applications to the Court upon any incident of the evidence may be made by motion, stating succinctly the object and reasons of the application.

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   285.   The Court may, at any time before judgment, in its discretion and under such conditions as it deems just, allow any pleading to be amended so as to agree with the facts proved; and any pleading is sufficiently sustained if the facts alleged agree sufficiently with the facts proved, and if in the opinion of the Court the opposite party has not been led into error as to the real nature of the facts intended to be alleged and proved.

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   285A.   Notwithstanding anything in articles 239 to 242 it shall not be necessary on the trial of an action for the evidence of a witness to be taken in the form of a deposition, and it shall be taken down under its direction, notes of the evidence, and of all objections insisted on by either party, with the decisions on such objections.

§ 10. Order of Trial

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   285B.   (Repealed by S.I. 3 of 1970)