6700Way evidence given—civil proceedings

6700 Way evidence given—civil proceedings (1) Evidence at the trial of a proceeding started by originating claim must be given orally in open court. proceeding continue as if started by originating claim (see r 39 (Proceeding incorrectly started by originating application)). (2) Evidence in a proceeding started by originating application must be given by affidavit. Note 1 A proceeding incorrectly started by originating claim is taken to be a proceeding started by originating application if the court orders that the proceeding continue as if started by originating application (see r 38 (Proceeding incorrectly started by originating claim)). Note 2 See also r 36 (When originating application taken to be used). (3) This rule applies— (a) unless the court otherwise orders; or (b) subject to the Evidence Act, these rules or any other territory law. Note 2 The following provisions set out other ways in which evidence may be given in particular circumstances or proceedings: • div 2.8.4 (Interrogatories) • div 2.12.3 (Expert reports) • r 1547 (Assessment of damages—use of affidavit evidence)

General—pt 6.10 Division 6.10.1 Rule 6701 • r 6701 (Evidence on affidavit by agreement—civil proceedings) • r 6702 (Evidence in another civil proceeding etc) • r 6703 (Evidence by telephone etc) • div 6.10.6 (Taking evidence at trial from outside ACT but in Australia by audiovisual link or audio link) • div 6.10.8 (Taking evidence otherwise than at trial). Note 3 See the Trans-Tasman Proceedings Act, pt 6 (Remote appearances) for other ways in which evidence from New Zealand may be given in civil proceedings.