Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 34.50

Experimental proof as evidence

  (1)   If a party (the proponent ) proposes to tender, as evidence in a proceeding, experimental proof of a fact, the proponent must apply for orders in relation to the experimental proof, including orders about any of the following:

  (a)   the service on other parties of particulars of the experiment and of each fact that the proponent asserts is, will or may be proved by the experiment;

  (b)   any persons who must be permitted to attend the conduct of the experiment;

  (c)   the time when, and the place where, the experiment must be conducted;

  (d)   the means by which the conduct and results of the experiment must be recorded;

  (e)   the time by which any other party (the opponent ) must notify the proponent of any grounds on which the opponent will contend that the experiment does not prove a fact that the proponent asserts is, will or may be proved by the experiment.

  (2)   Evidence of the conduct and results of the experiment is admissible in the proceeding, only:

  (a)   if the proponent has complied with subrule (1) and any orders given under that subrule; or

  (b)   with the leave of the Court.

  (3)   If an order mentioned in paragraph   (1)(e) has been made, and the opponent has not complied with the order in relation to a ground, the opponent may rely on the ground only with the leave of the Court.

Rules   34.51-34.60 left blank


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