Proposal 41 stated that rules " conferring express powers on the court to case manage trials , including powers to exclude otherwise admissible evidence and to limit cross - examination and submissions by counsel should be adopted , with the proviso that the exercise of such powers was subject to the parties entitlement to receive a fair trial and a reasonable opportunity to lead evidence , cross - examine and make submissions " 建议41指出订定规则，使法庭有明确的权力管理案件的审讯过程。法庭有权拒绝接纳本可接纳的证据，及局限大律师盘问和陈词的范围。但法庭运用这些权力的同时，不能影响诉讼各方得到公平审讯的权利，以及他们举证盘问证人和作出陈词的合理机会。
