26 (2) EAST AFRICAN COMMUNITY GAZETTE 5th May, 2010 Where there are several issues, and there is a dispute as to which party is to begin, the Court shall direct the party on which the greater burden of proof lies to begin. Rule 63: Statement and production of evidence (1) At the hearing the party having the right to begin shall state its case and produce evidence in support of the issues which it is bound to prove. The other party shall then state its case and produce evidence, and may then address the Court generally on the case. The party beginning may reply. (2) Where, after the party beginning has produced its evidence the other party does not produce any evidence, the party beginning shall address the Court first on the case, and the other party shall then address the Court in reply. The Court may then allow the party beginning to comment on a new point raised in the address by the other party. (3) A party may present its legal arguments in writing. Rule 64: Oath or affirmation A witness shall before giving evidence take an oath or affirmation in accordance with Form 7 in the First Schedule. Rule 65: Taking and recording of evidence (1) The evidence of every witness shall be given orally in Court and shall be recorded by the official Court recorder. The record of each hearing shall be signed by the Principal Judge or Deputy Principal Judge and shall be kept and maintained by the Registrar. (2) The Court may, at any stage of the hearing, on application by any party or on its own motion, recall any witness who has given evidence, to be further examined as the Court thinks fit. Rule 66: Adjournments (1) Hearing of evidence shall continue from day to day until all the witnesses in attendance have been examined unless the Court finds it necessary to adjourn for reasons to be recorded. (2) Where, on any day to which the hearing is adjourned, the parties or any of them fail to appear, the Court may proceed to dispose of the case in one of the modes set out in Rule 61. (3) Where any party to whom time has been granted fails to produce evidence or to cause the attendance of its witness, or to perform any other act necessary to the further progress of the case, the Court may, notwithstanding such failure, proceed to determine the dispute or reference forthwith. Rule 67: List of authorities and copies of judgments to be referred to (1) A party who intends at the hearing to rely on any judgment in a decided case or to quote from any book shall lodge with the Registrar, a list containing the citations of such judgments, titles, authors and editions of such books and shall serve a copy of such list on the other party or on the other parties separately represented and shall annex to the list electronically produced copies of such judgments and relevant parts of the books. The party shall serve on each other party separately represented copy of the list and annexures.

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