196. When proof and hearing are necessary, and the defendant has made default to appear, the witnesses may be heard out of court; but if the defendant has appeared the witnesses can only be heard out of court with the permission of the court or the consent of the parties.
Notwithstanding the foregoing, the court cannot maintain an application for the annulment of a marriage or a civil union unless the plaintiff’s evidence has been given before the court.
The depositions must then by made by affidavits sufficiently detailed to establish all the necessary facts in support of the conclusions sought, or be taken by stenography or written down, before a person authorized to administer the oath, and be filed in the record, and shall have the same effect as if taken in open court.
1965 (1st sess.), c. 80, a. 196; 1982, c. 58, s. 20; 1986, c. 85, s. 1; 2002, c. 6, s. 94.