6701Evidence on affidavit by agreement—civil proceedings

6701 Evidence on affidavit by agreement—civil proceedings (1) Unless the court otherwise orders, the parties to a proceeding started by originating claim may agree that evidence at the trial of the proceeding be given by affidavit. Note 2 A proceeding incorrectly started by originating application is taken to be proceeding continue as if started by originating claim (see r 39 (Proceeding incorrectly started by originating application)). (2) The agreement must be made before the proceeding is set down for trial. (3) The parties must tell the court about the agreement before the proceeding is set down for trial.