100Court may dispense with notice requirements

### 100 Court may dispense with notice requirements > > (1)  The court, on the application of a party, may direct that the tendency rule is not to apply to particular tendency evidence despite the party's failure to give notice under [section 97](#GS97@EN) . > > > (2)  The court, on the application of a party, may direct that the coincidence rule is not to apply to particular coincidence evidence despite the party's failure to give notice under [section 98](#GS98@EN) . > > > (3)  The application may be made either before or after the time by which the party would, apart from this section, be required to give, or to have given, the notice. > > > (4)  In a civil proceeding, the party's application may be made without notice of it having been given to one or more of the other parties. > > > (5)  The direction – > > > > > > (a) is subject to such conditions, if any, the court thinks fit; and > > > > > > > (b) may be given either at or before the hearing. > > > (6)  Without limiting the court's power to impose conditions under this section, those conditions may include one or more of the following: > > > > > > (a) a condition that the party give notice of its intention to adduce the evidence to a specified party or to each other party, other than a specified party; > > > > > > > (b) a condition that the party give such notice only in respect of specified tendency evidence or all tendency evidence that the party intends to adduce, other than specified tendency evidence; > > > > > > > (c) a condition that the party give such notice only in respect of specified coincidence evidence or all coincidence evidence that the party intends to adduce, other than specified coincidence evidence.