Tasmanian Consolidated Regulations

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MAGISTRATES COURT (CIVIL DIVISION) RULES 1998 - REG 67

Limitation of certain documents in evidence
(1)  Any plan, model, film, audio tape, disc, sound-track or other device in which sounds, data or visual images are embodied is not receivable in evidence at the trial of an action unless –
(a) the parties agree to its admission into evidence without further proof after having been given an opportunity to inspect it –
(i) before the trial, at a time fixed by the Court; or
(ii) if no time is fixed by the Court, within a reasonable period before the trial begins; or
(b) the Court, at or before the trial, otherwise orders.
(2)  A party may make an application for an order in the absence of any other party if the application is made before the trial.
(3)  The Court is to determine any application for an order, whether made at or before the trial, on any materials and in any manner the Court thinks fit.
(4)  The Court may give directions on any application for an order, including directions that notice of the application be given to another party.
(5)  In this rule,
inspect includes the following, with or without the aid of equipment:
(a) view data or visual images embodied in any device;
(b) listen to sounds embodied in any device;
(c) reproduce sounds, data or visual images embodied in any device.



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