CAP. 152 (iv) Matrimonial Causes [Rev. 2012] order that not more than a specified number of expert witnesses may be called. (2) Where it appears to the judge that any party reasonably desires the production of a witness for cross-examination and that such witness can be produced, an order shall not be made authorizing the evidence of such witness to be given by affidavit, but the expenses of such witness at the trial shall be specially reserved. (3) Any party may apply for the appointment of an examiner or for a commission or for letters of request to examine a party or witness in any cause and for leave to give the depositions taken on the examination in evidence at the trial or hearing, and the provisions of Order XXVII of the Civil Procedure (Revised) Rules, 1948, shall apply to the examination. (4) Nothing in any order made under this rule shall affect the power of the judge at the trial or hearing to refuse to admit evidence tendered in accordance with any such order if in the interests of justice he should think fit to do so. [L.N. 142/1963.] 26. Staying proceedings for restitution At any time after the commencement of proceedings for restitution of conjugal rights, the respondent may apply for an order to stay the proceedings by reason that he is willing to resume or to return to cohabitation with the petitioner. 27. Trial of issues A judge may direct and a petitioner and any party to a cause who has entered an appearance may apply to a judge for directions for the separate trial of any issue of fact or any question as to the jurisdiction of the court. 28. Discretion statement (1) Every party to a matrimonial cause praying that the court shall exercise its discretion to grant a decree nisi notwithstanding that party’s adultery shall lodge in the Divorce Registry a statement (in these Rules called a discretion statement) signed by him or his advocate stating that the court will be asked to exercise its discretion on his behalf notwithstanding his adultery and setting forth particulars of the acts of adultery committed and of the facts which it is material for the court to know for the purpose of the exercise of its discretion. (2) Where the application for the registrar’s certificate under rule 29 of these Rules is made by the party praying for the discretion of the court, the discretion statement shall be lodged with the application for the registrar’s certificate, or, where the application for that certificate is made by any other party to the cause, the discretion statement shall be lodged within ten days after the receipt of notice that the cause has been set down for hearing. (3) A discretion statement shall be open to the inspection of the President’s Proctor, but, except by the direction of the Judge, shall not be open to inspection by any other person. [Issue 1] M9 - 30