Northern Territory Consolidated Regulations Northern Territory Consolidated Regulations(1) No deposition taken in a proceeding is admissible as evidence at the trial of the proceeding unless:
(a) the deposition was taken pursuant to an order under rule 41.01(1)(a) or (b);
(b) either the person against whom the evidence is offered consents or the deponent:
(i) is dead or is unfit by reason of his bodily or mental condition to attend the trial and testify as a witness;
(ii) is out of the Territory and it is not reasonably practicable to secure his attendance; or
(iii) cannot with reasonable diligence be found; and
(c) the party who applies to have the deposition received in evidence has given reasonable notice of the application to the other party.
(2) A deposition purporting to be signed by the person before whom it was taken is receivable in evidence without proof of the signature of the person.
(3) Unless the Court otherwise orders:
(a) evidence of facts within subrule (1)(b) may be given by affidavit; and
(b) the affidavit may be made from belief as to those facts, if the grounds for the belief are given.