Northern Territory Consolidated Regulations

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SUPREME COURT RULES 1987 - REG 49.01

Order of evidence and addresses

    (1)     The Court may give directions as to the order of evidence and addresses and generally as to the conduct of the trial.

    (2)     Subject to a direction given under subrule (1), where the burden of proof:

        (a)     on a question lies on the plaintiff, the plaintiff shall begin;

        (b)     on all the questions lies on the defendant, the defendant shall begin.

    (3)     Subject to a direction given under subrule (1):

        (a)     where the only parties are one plaintiff and one defendant and there is no counterclaim, the order of evidence and addresses shall be as provided by the following subrules; and

        (b)     in any other case, the order of evidence and addresses shall be as provided by those subrules with such changes as the nature of the case requires.

    (4)     The party who begins may make an address opening his case and may then adduce his evidence.

    (5)     Where in the course of the case for the party who begins no document or thing is admitted in evidence on tender by the opposite party and at the conclusion of that case:

        (a)     the opposite party adduces evidence, he may first make an opening address and after adducing his evidence he may make a closing address and thereafter the party who began may make a closing address; or

        (b)     the opposite party does not adduce evidence, the party who began may make a closing address and then the opposite party may make an address.

    (6)     Where in the course of the case for the party who begins a document or thing is admitted in evidence on tender by the opposite party and at the conclusion of the case:

        (a)     the opposite party adduces evidence, the order of proceedings shall be as provided by subrule (5)(a); or

        (b)     the opposite party does not adduce evidence, he may make an address and then the party who began may make a closing address.



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