Order 38 FCT (Civil Procedure) Rules 2025

Order 38 of the Federal Capital Territory (FCT) High Court (Civil Procedure) Rules 2025 is about Trial Proceedings. It contains the following rules:

1. Upon completion of pleadings, the trial Judge shall set a
   date for hearing and the Registrar shall cause hearing
   notices to be issued to all parties in the suit.
2. Where a cause on a daily cause list has been called for
   hearing and neither party appears, the Court may unless he
   sees good reason to the contrary, strike the cause out.

3. Where a cause is called for hearing, if the claimant appears
   and the defendant does not appear, the claimant may
   prove his claim, so far as the burden of proof lies upon him.
4. Where a cause is called for hearing, if the defendant
   appears and the claimant does not appear, the defendant if
   he has no counter claim shall be entitled to judgment
   striking out the action but if he has a counterclaim, then he
   may prove such counterclaim so far as the burden of proof
   lies upon him.
5. (1) Where a cause is struck out under Rule 2 of this order
   either party may apply that the cause be relisted on such
   terms as the Court may deem fit.
   (2) A judgment obtained where any party does not appear
   at the trial may be set aside by the Court upon such terms as
   it deems fit.
   (3) A party may file an application to relist a cause struckout or apply to set aside an order or judgment within six
   day after the order or judgment was delivered or such
   longer period the Court may direct.

6. The Court may, if it thinks expedient in the interest of
   justice, postpone or adjourn a trial for such time and upon
   such terms, if any.
7. The Registrar or other officer present at any trial or hearing
   shall make a note of the time of commencement and
   termination of the trial and the duration on each day it goes
   on, for communication to the taxing officer, if required.
8. The order of proceedings at the trial of a cause shall be as
   provided in the following rules.
9. The party on whom the burden of proof lies, by the nature
   of the issues or questions between the parties, shall begin
   documentary evidence.

10. Documentary evidence shall be put in and may be read or
    taken as read by consent.
11. (1) A party who desires to call any witness not being a
    witness whose deposition on oath accompanied his
    pleading shall apply to the Court for leave to call such
    witness.
    (2) An application for leave in sub-rule 1 above shall be
    accompanied by the deposition on oath on such witness.
12. (1) A party shall close his case when he has concluded his
    evidence. The claimant or defendant may make an oral
    application to have the case closed.
    (2) Notwithstanding the provisions of sub-rule 1 above, the
    Court may suo-motu where he considers that either party
    fails to conclude his case within a reasonable time, close the
    case for the party.

13. (1) The Registrar shall take charge of every document or
    object put in as an exhibit during the trial of an action and
    shall mark or label every exhibit with a letter or letters
    indicating the party by whom the exhibit is put in (or where
    more convenient the witness by whom the exhibit is
    proved) and with a number, so that all the exhibits put in by
    a party (or proved by a witness) are numbered in one
    consecutive series.
    (2) The Registrar shall cause a list of all the exhibits in the
    action to be made.
    (3) The list of exhibits when completed shall form part of
    the records of the action.
    (4) For the purpose of this rule a bundle of documents may
    be treated and counted as one exhibit.
    (5) In this rule a witness by whom an exhibit is proved
    includes a witness in the course of whose evidence the
    exhibit is put in.

14. When the party beginning has concluded his evidence, the
    Court shall ascertain whether the other party intends to call evidence. Where the other party declines to call evidence, the party beginning, shall, within 15 days after close of evidence file a written address. Upon being served with the written address, the other party shall within 15 days file a final written address.

15. Where the other party calls evidence he shall within 21
    days after the close of evidence file a written address.
16. Upon being served with other party’s written address the
    party beginning shall within 21 days file his own written
    address.
17. The party who files the first final written address shall have
    a right of reply on points of law only. The reply shall be
    filed within 7 days after service of the other party’s final
    written address.

18. (1) An exhibit shall not be released after the trial to the party
    who has put it in unless the period during which notice of
    appeal may be given has elapsed without such notice
    having been given, and then only if the trial judge (or in his
    absence another judge) grants leave to release such exhibit
    on being satisfied:
    (a) That the exhibit will be kept duly marked and
    labelled and will be produced, if required, at the
    hearing of an appeal (if any such appeal is
    lodged), or
    (b) That the release of the exhibit will not in any way
    prejudice any other party.
    (2) After a notice of appeal has been filed, an exhibit
    produced at the trial shall not be released by the
    High Court unless leave to release such exhibit is
    granted by the Court of Appeal.
19. (1) where a document is tendered as an exhibit and is rejected by the Court, it shall be marked “Rejected”, and shall be retained together with the accepted exhibits. (2) All rejected exhibits shall be transmitted to the Appeal Court in the event that a case where it is tendered goes on appeal.

20. (1) Any party may apply for and on payment of the
    prescribed fee obtain an office copy of the list of exhibits.
    (2) Where there is an appeal an office copy of the list of
    exhibits shall be included amongst the documents
    supplied for the purpose of the appeal.
21. The Court may, suo motu or on application strike out any proceedings not being prosecuted diligently.
22. A judge may in all cases disallow any question put in cross examination which appears to him to be vexatious and not relevant to any matter to be inquired into in the action.

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