Title 5 — Judicial Procedure
63 chapters · 721 sections in this title.
5 V.I.C. § 731 Order of proof
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The order of proof shall be regulated by the sound discretion of the court. Ordinarily the party beginning the case shall exhaust his evidence before the other begins.
5 V.I.C. § 732 Scope of examination generally
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The court may exercise a reasonable control over the mode of interrogation, so as to make it as rapid, as distinct, as little annoying to the witness, and as effective for the extraction of the truth as may be; but, subject to this rule, the parties may put such legal and pertine…
5 V.I.C. § 733 Direct examination and cross-examination
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The examination of a witness by the party producing him is denominated the direct examination; the examination of the same witness upon the same matter by the adverse party, the cross-examination. The direct examination must be completed before the cross-examination begins, unles…
5 V.I.C. § 734 Leading questions
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A question which suggests to the witness the answer which the examining party desires is denominated a leading or suggestive question. On a direct examination, leading questions are not allowed, unless merely formal or preliminary, except in the sound discretion of the court unde…
5 V.I.C. § 735 Scope of cross-examination
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The adverse party may cross-examine the witness as to any matter stated in his direct examination or connected therewith, and in so doing may put leading questions; but if he examines him as to other matters, such examination is subject to the same rules as a direct examination.
5 V.I.C. § 736 Reexamination of witness
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A witness once examined shall not be reexamined as to the same matter without leave of the court; but he may be reexamined as to any new matter upon which he has been examined by the adverse party. After the examinations on both sides are concluded the witness shall not be recall…
5 V.I.C. § 737 Refreshing memory of witness
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A witness is allowed to refresh his memory, respecting a fact, by anything written by himself, or under his direction, at the time when the fact occurred or immediately thereafter, or at any other time when the fact was fresh in his memory and he knew that the same was correctly …
5 V.I.C. § 738 Exclusion of witnesses
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If either party requires it, the judge may exclude from the court room any witness of the adverse party not at the time under examination, so that he may not hear the testimony of other witnesses.
5 V.I.C. § 739 Postponement for absence of evidence
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A motion to postpone a trial on the ground of the absence of evidence shall only be made upon affidavit showing the materiality of the evidence expected to be obtained, and a statement of facts showing that due diligence has been used to procure it, and also the name and residenc…
5 V.I.C. § 740 Instructions to jury as to effect of evidence
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(1) The jury, subject to the control of the court in the cases specified in this title, are the judges of the effect and value of evidence addressed to them, except when it is thereby declared to be conclusive. They are, however, to be instructed by the court on all proper occasi…
5 V.I.C. § 741 Receipt for payment or delivery
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Whoever pays money, or delivers an instrument or property, is entitled to a receipt therefor from the person to whom the payment or delivery is made, and may demand a proper signature to such receipt as a condition of the payment or delivery.
5 V.I.C. § 742 Tender, objections to
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The person to whom a tender is made shall at the time specify any objection he may have to the money, instrument, or property, or he shall be deemed to have waived it. If the objection is to the amount of money, the terms of the instrument or the amount or kind of property, he sh…
5 V.I.C. § 743 Private seals and scrolls
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Private seals and scrolls as a substitute are abolished and are not required to any instrument, but the effect thereof, when used, shall remain unchanged.