The East African Court of Justice Rules of Procedure 2013 (6) An application for restoration under sub-rule (2) or (3) shall be made within thirty (30) days of the decision of the Court. 62. (1) The claimant shall have the right to begin unless the respondent admits facts alleged by the claimant and contends that either in point of law or on some additional facts alleged by the respondent the claimant is not entitled to any part of the relief he or she seeks, in which case the respondent shall have the right to begin. Right to begin (2) 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. 63. (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. Statement and production of evidence (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. 64. A witness shall before giving evidence take an oath or affirmation in accordance with Form 8 in the Second Schedule. Oath or affirmation 65. (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. Taking and recording of evidence 41

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