New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 29.6

29.6 Order of evidence and addresses

(cf SCR Part 34, rule 6; DCR Part 26, rule 6; LCR Part 21, rule 4)

(1) Subject to these rules and to any direction of the court--

(a) if the only parties are one plaintiff and one defendant, and there is no statement of cross-claim or cross-summons, the order of evidence and addresses is to be as provided by this rule, and

(b) in any other case, the order of evidence and addresses is to be as provided by this rule, subject to any modifications that the nature of the case requires.

(2) The beginning party may make an address opening his or her case and may then adduce evidence.

(3) If, at the conclusion of the beginning party's evidence, no document or thing has been admitted in evidence on tender by the opposite party, the opposite party may elect to adduce evidence or not to adduce evidence.

(4) If the opposite party elects to adduce evidence--

(a) the opposite party may make an opening address before adducing evidence, and

(b) after adducing evidence, the opposite party may make an address closing his or her case, and

(c) after the close of the opposite party's case, the beginning party may make an address closing his or her case.

(5) If the opposite party elects not to adduce evidence--

(a) the beginning party may make an address closing his or her case, and

(b) after the close of the beginning party's case, the opposite party may make an address stating his or her case.