(1) Evidence at the trial of a proceeding started by originating claim must be given orally in open court.
Note A proceeding incorrectly started by originating application is taken to be a proceeding started by originating claim if the court orders that the proceeding continue as if started by originating claim (see r 39 (Proceeding incorrectly started by originating application)).
(2) Evidence in a proceeding started by originating application must be given by affidavit.
Note 1 A proceeding incorrectly started by originating claim is taken to be a proceeding started by originating application if the court orders that the proceeding continue as if started by originating application (see r 38 (Proceeding incorrectly started by originating claim)).
Note 2 See also r 36 (When originating application taken to be used).
(3) This rule applies—
(a) unless the court otherwise orders; or
(b) subject to the title="A2011-12">Evidence Act
, these rules or any other territory law.
Note 1 Pt 6.2 (Applications in proceedings) applies to an application for an order otherwise ordering.
Note 2 The following provisions set out other ways in which evidence may be given in particular circumstances or proceedings:
• div 2.8.4 (Interrogatories)
• div 2.12.3 (Expert reports)
• r 1547 (Assessment of damages—use of affidavit evidence)
• r 6701 (Evidence on affidavit by agreement—civil proceedings)
• r 6702 (Evidence in another civil proceeding etc)
• r 6703 (Evidence by telephone etc)
• div 6.10.6 (Taking evidence at trial from outside ACT but in Australia by audiovisual link or audio link)
• div 6.10.8 (Taking evidence otherwise than at trial).
Note 3 See the
title="Trans-Tasman Proceedings Act 2010">Trans-Tasman Proceedings Act, pt 6 (Remote appearances) for other ways in which evidence from New Zealand may be given in civil proceedings.