Note
The issue of whether a party wishes to make a submission or adduce evidence from a witness at the trial by electronic communication will be discussed at the pre-trial conference, and any application in that respect will be referred to a Judge without formal application or affidavit material. In other cases, an application should be made under rule 16.08.

(1) A party may apply for permission to do any of the following things by electronic communication in a trial:

(a)

attend;

(b)

make a submission;

(c)

give evidence;

(d)

adduce evidence from a witness.

Note
For the procedure for making an application in a case, see Chapter 5.

(2) The application must be:

(a)

filed at least 28 days before the date of the trial; and

(b)

listed before the trial Judge.

Note
The court may shorten or extend the time for compliance with a rule (see rule 1.14).

(3) The affidavit filed with the application must set out the facts relied on in support of the application, including the following:

(a)

what the applicant seeks permission to do by electronic communication;

(b)

the kind of electronic communication to be used;

(c)

if the party proposes to give evidence, make a submission, or adduce evidence from a witness by electronic communication — the place from which the party proposes to give or adduce the evidence, or make the submission;

(d)

the facilities at the place mentioned in paragraph (d) that will enable all eligible persons present in that place to see or hear each eligible person in the place where the court is sitting;

(e) if the applicant seeks to adduce evidence from a witness by electronic communication:

(i)

whether an affidavit by the witness has been filed;

(ii)

whether the applicant seeks permission for the witness to give oral evidence;

(iii)

the relevance of the evidence to the issues;

(iv)

whether the witness is an expert witness;

(v)

the name, address and occupation of any person who is to be present when the evidence is given;

(vi) if the applicant proposes to refer the witness to a document, whether:

(A) the document has been filed; and
(B) the witness will have a copy of the document; and

(vii)

whether an interpreter is required and, if so, what arrangements are to be made;

(f)

the expense of using the electronic communication, including any expense to the court, and the applicant's proposals for paying those expenses;

(g)

whether the other parties object to the use of electronic communication for the purpose specified in the application and, if so, the reason for the objection.

(4)

The application may be decided in chambers on the documents filed.

(5)

The court may order:

(a)

a party to pay the expenses of the attendance by electronic communication; or

(b)

that the expenses are to be apportioned between the parties.