41.12
CurrentPerpetuation of testimony
Chapter 1General rules of procedure in civil proceedings
Part 4Local service of foreign judicial documents
41.12 Perpetuation of testimony
(1) A witness shall not be examined to perpetuate testimony unless a proceeding has been commenced for that purpose.
(2) A person who would, in the circumstances alleged by him to exist, become entitled, on the happening of a future event, to a property the right or claim to which cannot be brought to trial by him before the happening of the future event, may commence a proceeding to perpetuate a testimony which may be material for establishing the right or claim.
(3) A proceeding to perpetuate the testimony of a witness shall not be set down for trial.
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