Discovery by interrogatories and discovery of documents were firmly established as part of the English Rules of Procedure with the passage of the various Judicature Acts in the early 1870s. Eventually, they became part of the United Kingdom Rules of Supreme Court (1883). But England did not ever allow, nor does it now allow, oral examination for discovery of the parties under oath. Nor is there such a thing as a pre-trial examination of a witness similar to our R. 28: Waugh v. Br. Rys. Bd., supra, at p. 1176: … a party in civil litigation is not entitled to see the adversary's proofs of what his witnesses will say at the trial; there has been no suggestion that he should be so entitled, and any such development would require the most careful consideration based on widespread consultation.
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