Northern Territory Consolidated Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

SUPREME COURT RULES 1987 - REG 48.26

Evidence at trial by videoconference

    (1)     If a party intends to adduce evidence at the trial of a proceeding by means of a videoconference, not later than 4 weeks before the date fixed for the trial, the party must:

        (a)     give to the other parties notice of that intention;

        (b)     file a copy of the notice; and

        (c)     deliver a copy of the notice to the trial Judge's associate.

    (2)     A notice under subrule (1) is to:

        (a)     state the name of the witness;

        (b)     state the proposed time of the videoconference; and

        (c)     be accompanied by a copy of a statement of the witness's evidence in chief signed by the witness.

    (3)     Within 7 days after receiving a notice under subrule (1), a party may object to the proposal contained in the notice.

    (4)     An objection under subrule (3) is to be dealt with by the trial Judge.

    (5)     If, within the period referred to in subrule (3), no objection to the proposal has been made, all parties to the proceeding are to be taken to have consented to the proposal.

    (6)     If an objection made in accordance with subrule (3) is upheld, the trial Judge may order that, regardless of the outcome of the proceeding, the party objecting pay as costs to the party who proposed the videoconference the difference between the costs of adducing the evidence by means of a videoconference and the costs of bringing the witness into the physical presence of the Court to adduce the evidence.

    (7)     At a videoconference under this rule, the evidence in chief of the witness is to be confined to the evidence in chief in the witness's statement referred to in subrule (2)(c).

    (8)     The party proposing to adduce evidence by a videoconference under this rule must arrange and meet the expenses of the facilities necessary for the witness to give the evidence and for the trial Judge and the other parties to see and hear that evidence as it is given.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback