ACTIn ForceRegulation
Court Procedures Rules
6767Power to allow removal of exhibits etc
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6767 Power to allow removal of exhibits etc
(1) This rule applies to a document or thing that the registrar has in
relation to a proceeding, whether or not the document or thing—
(a) is an exhibit; or
(b) was produced on subpoena.
(2) The registrar must not permit the document or thing to be removed
from the registry except on application signed by the solicitor for a
party to the proceeding.
(3) The registrar may—
(a) permit the document or thing to be removed from the registry on
any conditions the registrar considers appropriate; or
(b) refuse to permit the document or thing to be removed.
(4) If a solicitor removes the document or thing from the registry with the
registrar’s permission, the solicitor is taken to undertake to the court
(a) the document or thing will be kept in the personal custody of the
solicitor or counsel briefed by the solicitor in the proceeding;
and
(b) the document or thing will be returned to the registry in the same
condition, order and packaging in which it was removed, when
directed by the registrar; and
(c) the solicitor will comply with the conditions (if any) to which
the permission is subject.
(5) This rule applies subject to any direction of the court under rule 6608
(Removal, return, inspection etc of subpoenaed documents and
things).
Taking evidence at trial from outside ACT but in Australia by audiovisual
Division 6.10.6
Rule 6800
Division 6.10.6 Taking evidence at trial from outside
ACT but in Australia by audiovisual
6800 Application for direction under Evidence (Miscellaneous
Provisions) Act, s 20
(1) An application for a direction under the Evidence (Miscellaneous
Provisions) Act 1991, section 20 (Territory courts may take evidence
and submissions from participating States) may be made in a civil or
criminal proceeding.
Note Pt 6.2 (Applications in proceedings) applies to an application or a
(2) The application may be made orally.
(3) The application must be supported by an affidavit stating—
(a) why the evidence should be taken or submissions made by
audiovisual link or audio link; and
(b) the nature of any evidence to be taken; and
(c) the number of witnesses to be examined; and
(d) whether issues of character are likely to be raised; and
(e) the expected duration of the evidence or submissions; and
(f) a description of the facilities that are available, or that can
reasonably be made available, for the evidence to be taken or
submissions to be made; and
(g) that the requirements of the Evidence (Miscellaneous
Provisions) Act 1991, section 20 (2) can be met.
(4) In deciding whether to make the direction, the court may have regard
(a) the matters included in the applicant’s affidavit;
Division 6.10.6 Taking evidence at trial from outside ACT but in Australia by audiovisual
Rule 6801
(b) the cost and convenience to the witnesses and parties.
(5) Subrule (4) does not limit the matters to which the court may have