### Matrimonial Causes Rules 《婚姻訴訟規則》

34. Determination of place of trial
(1) Directions for trial except where given under rule 33(2A) shall determine the place of trial.  (L.N. 123 of 1974)
(2) In the case of an undefended cause to which rule 33(2A) does not apply, the request for directions shall state— (L.N. 123 of 1974)
(a) the place of trial desired; 
(b) the place where the witnesses whom it is proposed to call at the trial reside; 
(c) an estimate of the probable length of the trial; and 
(d) any other fact which may be relevant for determining the place of trial. 
(3) In the case of a defended cause the request for directions shall state the number of witnesses to be called on behalf of the party giving the notice and the places where he and his witnesses reside and an estimate of the probable length of the trial. 
(4) If circumstances arise tending to show that the estimate of the probable length of the trial given under paragraph (2) or (3) is inaccurate, a further estimate shall be filed. 
(5) Directions determining the place of trial of any undefended cause may be varied by the registrar of the court in which the cause is proceeding on the application of any party to the cause. 

35. Directions as to allegations under section 11A(1)(b) of the Ordinance
(1) Where in a defended cause the petitioner alleges that the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent, the registrar may, of his own motion on giving directions for trial or on the application of any party made at any time before the trial, order or authorize the party who has made the request for or obtained such directions to file a schedule of the allegations and counter allegations made in the pleadings or particulars.  (L.N. 135 of 1972)
(2) Where such an order is made or authority given, the allegations and counter-allegations shall, unless otherwise directed, be listed concisely in chronological order, each counter-allegation being set out against the allegation to which it relates, and the party filing the schedule shall serve a copy of it on any other party to the cause who has filed a pleading. 

### Matrimonial Causes Rules 《婚姻訴訟規則》

37. Security for costs
(1) After directions for trial have been given or with leave at an earlier stage of the cause a wife who is a petitioner or who has filed an answer may apply for security for her costs up to the trial and of and incidental to the trial or for any part of such costs. 
(2) Where an application for security has been made under paragraph (1) the registrar shall ascertain what is a sufficient sum of money to cover the costs to which the application relates and if after taking all the circumstances into account (including the means of the husband and the wife) the registrar considers that the husband should provide security for all or some of such costs, he may order the husband to pay the sum so ascertained, or some part of it, into court or to give security within such time as he may fix and may direct a stay of the proceedings until the order is complied with. 
(3) The bond taken to secure a wife’s costs under this rule shall be given to the registrar by the name of the registrar and shall be filed and shall not be delivered out or sued upon without the leave of the registrar. 
(4) Where the wife is the petitioner an application by her for the removal of a stay of the proceedings may be made to the registrar ex parte if the husband has not given notice of intention to defend.

38. Evidence generally to be taken orally
Subject to the provisions of rules 39, 40 and 47A and of the Evidence Ordinance (Cap. 8), and any other enactment, any fact required to be proved by the evidence of witnesses at the trial of a cause begun by petition shall be proved by the examination of the witnesses orally and in open court. 
(L.N. 123 of 1974)

### Matrimonial Causes Rules 《婚姻訴訟規則》

40. Evidence of marriage outside Hong Kong
(1) The celebration of a marriage outside Hong Kong and its validity under the law of the place where it was celebrated may, in any matrimonial proceedings in which the existence and validity of the marriage is not disputed, be proved by the evidence of one of the parties to the marriage and the production of a document purporting to be— (20 of 2010 s. 11)
(a) a marriage certificate or similar document issued under the law in force in that place; or
(b) a certified copy of an entry in a register of marriages kept under the law in force in that place. (20 of 2010 s. 11)
(2) Where a document produced by virtue of paragraph (1) is not in English it shall, unless otherwise directed, be accompanied by a translation certified by a notary public or authenticated by affidavit or affirmation. 
(3) This rule shall not be construed as precluding the proof of a marriage in any other manner authorized apart from this rule. (23 of 1998 s. 2)
(L.N. 135 of 1972)

41. Saving for judge’s powers
Nothing in rule 39 or 40 shall affect the power of the judge at the trial to refuse to admit any evidence if in the interests of justice he thinks fit to do so.

42. Issue of witness summons or subpoena
(1) A witness summons in a cause pending in the District Court may be issued in that court or in the court of trial at which the cause is to be tried. (L.N. 26 of 2002) 
(2) A writ of subpoena in a cause pending in the Court of First Instance may issue out of the registry. (25 of 1998 s. 2)

44. Fixing of trial
As soon as practicable after a cause pending in the District Court has been set down for trial, the registrar of the court shall fix the date, place and, as nearly as may be, the time of the trial and give notice thereof to every party to the cause.
(L.N. 26 of 2002)

### Matrimonial Causes Rules 《婚姻訴訟規則》

45. Trial of issue
Where directions are given for the separate trial of any issue and those directions have been complied with, the registrar shall— (L.N. 26 of 2002) 
(a) if the issue arises on an application for ancillary relief or in proceedings for the exercise of any power under Part VII of the Matrimonial Causes Ordinance (Cap. 179) or sections 18, 19 or 20 of the Matrimonial Proceedings and Property Ordinance (Cap. 192), proceed as if the issue were a question referred to a judge on an application for ancillary relief and rule 81 shall apply accordingly; 
(b) in any other case, set the issue down for trial and thereupon rule 44 shall apply as if the issue were a cause. 
(L.N. 135 of 1976)

47. Further provisions as to date of trial
(1) Not less than 10 days before the date fixed for the trial of a petition, the registrar shall give notice of the date, place and, as nearly as may be, the time of the trial to every party to the petition. 
(2) Except with the consent of the parties or by leave of a judge, no petition, whether defended or undefended, shall be tried until after the expiration of 10 days from the date on which directions for trial were given. 
(3) Nothing in this rule shall apply to a cause entered in the special procedure list. (L.N. 123 of 1974)