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Federal Courts Rules

Version of section 299 from 2006-03-22 to 2006-09-20:

Marginal note:Evidence-in-chief adduced by affidavit

  •  (1) In the trial of a simplified action, unless the Court directs otherwise, the evidence of each party shall be adduced by affidavit, which shall, subject to rules 279 and 281, be served and filed

    • (a) in the case of evidence of a plaintiff, at least 20 days before the trial; and

    • (b) in the case of evidence of a defendant, at least 10 days before the trial.

  • Marginal note:Witness to be made available

    (2) Unless all adverse parties agree otherwise, a witness whose affidavit evidence is tendered at trial shall be made available for cross-examination at trial.

  • Marginal note:Reply evidence

    (3) Subject to rule 281, reply evidence, including that of an expert witness, may be provided orally at trial.

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