Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 6819

Conduct of examination

    (1)     Subject to this division, an examination must be conducted in accordance with the procedure of the court.

Note     The examination is an examination on oath (see r 6813 (1) (a) and (b) (Order for taking evidence otherwise than at trial)).

    (2)     Each party to the proceeding and each party's counsel and solicitor may attend the examination.

    (3)     The person examined may be cross-examined and re-examined, unless the court otherwise orders.

    (4)     The examination, cross-examination and re-examination of the person examined is to be conducted in the same way as at a trial, unless the court otherwise orders.

Note     Pt 6.2 (Applications in proceedings) applies to an application for an order otherwise ordering.

    (5)     The examiner may put any question to the person being examined about—

        (a)     the meaning of an answer given by the person; or

        (b)     anything arising during the examination, cross-examination or re-examination.

    (6)     The examiner may adjourn the examination from time to time or from place to place.



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