Civil Procedure - Way Evidence Given

Question 1

Which rule relates to the way evidence is given?

Answer 1

Rule 390

Question 2

How can evidence be given if started by claim?

Answer 2

Rule 390(a)

Orally.

Question 3

How can evidence be given if started by application?

Answer 3

Rule 390(b)

Affidavit.

Question 4

Can the court make a direction that evidence be given in a different way to the one prescribed in Rule 390?

Answer 4

Rule 367.

Yes.

In deciding what mode of evidence is appropriate for a trial or application, the court will generally consider notions of fairness, time and expense.