Report No. 77

Q. 33. Affidavits:-

Do you agree with the suggestion that the examination-in-chief of the witnesses should be replaced by an affidavit, allowing the parties a right of cross-examination and re-examination of the witness, with a proviso whereunder the court may, in special cases, permit examination-in-chief in the interests of justice?

[Note.- Seventy-seventh Report Even if examination-in-thief is replaced by affidavit there may be cases where it will continue t0 be necessary, for example, where a party desires to examine a pubic officer. In most cases, a public officer called upon to make an affidavit on matter within his personal knowledge would decline to do so at the request of a party without an order of the court and would prefer to be summoned and examined in court. Further, affidavit.].