Order 40 FCT (Civil Procedure) Rules 2025

Order 40 of the Federal Capital Territory (FCT) High Court (Civil Procedure) Rules 2025 is about Evidence Generally. It contains the following rules:

1. (1) Subject to these rules and to any enactment relating to
   evidence, any fact required to be proved at the trial of any
   action shall be proved by written deposition and oral
   examination of witnesses in open Court.
   (2) Certified true copies of documents may be tendered
   from the bar or by the party and or his witness where he is
   not represented by a legal practitioner.
   (3) The oral examination of a witness during his evidence in chief shall be limited to adopting his written statement and tendering in evidence all documents referred to in his statement.
   (4) Real evidence shall be tendered during the trial.

2. (1) The Court may, before or at the trial of an action, order
   or direct that evidence of any particular fact be given in
   such manner as may be specified by the order or direction.
   (2) The power conferred by sub-rule 1 of this rule extends in
   particular to ordering or directing that evidence of any
   particular fact be given at the trial in any of the following
   ways:
   (a) By statement on oath of information or belief;
   (b) By the production of documents or entries in
   books;
   (c) By electronically generated evidence;
   (d) By copies of documents or entries in book; or
   (e) In the case of a fact which is or was a matter of
   common knowledge either generally or in a
   particular district, by the production of a
   specified newspaper which contains a statement
   of that fact.

3. The Court may, before or at the trial of an action order or
   direct that the number of medical or expert witnesses who
   may be called be limited as specified by the order or
   direction.
4. Unless the Court for special reasons orders otherwise or
   directs at trial, all documents, plans, photographs or
   models to be tendered in evidence shall be filed along with
   the pleadings of the parties under these Rules.
5. Any order or direction under this order may, on sufficient
   cause being shown, be revoked or varied by a subsequent
   order or direction of the Court made or given before or at
   the trial.

6. Where an order is made for the issue of a request to
   examine witness or witnesses in any foreign country with which a convention in that behalf has been or shall be made, the following procedure shall be adopted:
   (a) The party obtaining such order shall file in the registry an undertaking as in form 21 which may be necessary to meet the circumstances of the
   particular case;
   (b) The undertaking shall be accompanied by-
   (i) A request as in Form 21, with such modifications or variations as may be
   directed in the order for its issue, with translation in the language of the country in which it is to be executed (if not English);
   (ii) A copy of the interrogatories (if any) to accompany the request(s), with a translation, if necessary;
   (iii) A copy of the cross-interrogatories (if any) with a translation, if necessary.

7. Where an order is made for the examination of a witness or
   witnesses before the Nigerian Diplomatic Agent in any
   foreign country with which a Convention in that behalf has
   been made, the order shall be as in Form 22. The Form may
   be modified or varied as may be necessary to meet the
   circumstances of the case.
8. The Court may at any stage of any proceedings order the
   attendance of any person for the purpose of producing any
   writings or other documents named in the order: provided
   that no person shall be compelled to produce under any
   such order, any writing or other document which he could
   not be compelled to produce at the hearing or trial.
9. Any person wilfully disobeying any order requiring his attendance for the purpose of being examined or producing any document shall be in contempt of Court, and may be dealt with accordingly.

10. Any person required to attend for the purpose of being
    examined or of producing any document, shall be entitled
    to payment for expenses and loss of time occasioned by his
    attendance.
11. If any person summoned by subpoena to attend for
    examination refuses to attend or if having attended, refuses
    to be sworn or answer any lawful question, he shall be in
    contempt of Court and may be dealt with accordingly by
    the Judge.
12. Where the examination of any witness before any examiner
    under Rule 7 has been conducted, the original deposition
    authenticated by the signature of the examiner, shall be
    transmitted by him to the registry and filed.

13. (1) Except otherwise provided under this Order or directed
    by the Court, no deposition shall be given in evidence at the
    hearing or trial of the cause or matter without the consent
    of the party against whom it may be offered, unless the
    Court is satisfied that the deponent is dead or beyond the
    jurisdiction of the Court or due to illness or other infirmity
    unable to attend the hearing or trial.
    (2) In any case, the depositions certified under the hand of
    the person taking the examination shall be admissible in
    evidence, saving all just exceptions, without proof of the
    signature to such certificate.
14. Any officer of the Court or other person directed to take the
    examination of any witness or person or any person
    nominated or appointed to take the examination of any
    witness or person pursuant to the provisions of any
    convention now made or which may be made with any
    foreign country, may administer oaths.

15. A party may by subpoena ad testificandium or ducestecum
    require the attendance of any witness before an officer of
    the Court or other person appointed to take the
    examination, for the purpose of using his evidence upon
    any proceedings in the cause or matter in like manner as
    such witness would be bound to attend and be examined at
    the hearing or trial, and any party or witness having made
    an affidavit to be used in any proceedings in the cause or
    matter shall be bound on being so subpoenaed to attend
    before such officer or person for cross-examination.
16. The practice with reference to the examination, cross
    examination and re-examination of witnesses at a trial shall
    extend and be applicable to evidence taken in any cause or
    matter at any stage.
17. The practice of Court with respect to evidence at a trial,
    when applied to evidence to be taken before an officer of
    the Court or other person in any cause or matter after the
    hearing or trial, shall be subject to any special directions,
    which may be given in any case.

18. Subject to the relevant provisions of the Evidence Act, all
    evidence taken at the hearing or trial of any cause or matter
    may be used in any subsequent proceedings in the same
    cause or matter.
19. (1) Where it is intended to issue a subpoena, a praecipe for
    that purpose as in Form 23 containing the name or firm and
    the place of business or residence of the legal practitioner
    intending to issue it, and where such legal practitioner is
    only an agent, then the name or firm and place of business
    or residence of the principal legal practitioner, shall in all
    cases be delivered and filed at the registry.
    (2) No subpoena shall be issued unless all Court fees have
    been paid (including fee for service) and unless sufficient
    money on the prescribed scale is deposited to cover the first
    day’s attendance.

20. A subpoena shall be as in any of Forms 24, 25 or 26 with
    such variations as circumstances may require.
21. Where a subpoena is required for the attendance of a
    witness for the purpose of proceedings in chambers, such
    subpoena shall issue from the registry as the Court may
    direct.
22. In the interval between the issuance and service of any
    subpoena, the legal practitioner issuing it may:
    (a) Correct any error in the names of parties or
    witnesses, and
    (b) Have the writ resealed upon leaving a corrected
    praecipe of the subpoena marked with words
    “altered and resealed”, with the signature, name and
    address of the legal practitioner.
23. A subpoena shall be served personally unless the Court has
    ordered substituted service where a person persistently
    evades service. The provisions of Order 9 shall so far as
    possible apply to service of a subpoena.

24. A subpoena shall remain in force from the date of issue until
    the trial of action or matter in which it is issued.
25. Any person who would under the circumstances alleged
    by him to exist become entitled upon the happening of any
    future event to any honour, title, dignity or office, or to any
    estate or interest in any property, real or personal the right
    or claim to which cannot be brought to trial by him before
    the happening of such event, may commence an action to
    perpetuate any testimony which may be material for
    establishing such right or claim.
26. A witness shall not be examined to perpetuate his
    testimony unless an action has been commenced for that
    purpose.

27. No action to perpetuate the testimony of a witness shall be
    set down for trial.
28. Subject to the provision of the Evidence Act, a Judge sitting
    at trial may admit evidence of a witness, including a
    protected witness, through video conference or any other
    electronic device capable of recording live (as if he is
    physically in attendance in Court) a witness whenever the
    Judge considers it expedient to do so.

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