(1)

A party who is in prison must attend at a hearing by electronic communication.

(2)

A party who intends to adduce evidence from a witness in prison must:

(a)

arrange for the witness to attend and give evidence at the hearing by electronic communication; and

(b)

advise the court and the other parties about that arrangement at least 2 days before the date fixed for the hearing.

(3)

A party may seek permission from the court for a party or witness who is in prison to attend the hearing in person.

Example
A party may apply for an order under subrule (3) if a prison or court has no facilities for the hearing to proceed by electronic communication.

(4)

A request under subrule (3) must:

(a)

be in writing;

(b)

be made at least 7 days before the date fixed for the hearing;

(c)

set out the reasons why permission should be granted; and

(d)

inform the court whether the other party objects to the request.

(5)

Subrules 5.06 (3) and (6) apply to a request under this rule.