Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(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.
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