461Limitation of plans in evidence

### 461 Limitation of plans in evidence > > (1)  Any plan, model, photograph, film, tape, disk, soundtrack or other device in which sounds, data or visual images are embodied is not receivable in evidence at the trial of an action unless – > > > > > > (a) the parties agree to its admission into evidence without further proof after having been given an opportunity to inspect it – > > > > > > > > > > (i) before the trial, at a time fixed by a judge; or > > > > > > > > > > > (ii) if no time is fixed by a judge, within a reasonable period before the commencement of the trial; or > > > > > > > (b) the Court or judge, at or before the trial, otherwise orders. > > > (2)  A party may make an application for an order in the absence of any other party if the application is made before the trial. > > > (3)  The Court or a judge is to determine any application for an order, whether made at or before the trial, on any materials and in any manner the Court or judge thinks fit. > > > (4)  The Court or a judge may give directions on any application for an order, including directions that notice of the application be given to another party. > > > (5)  In this rule, > > > > > ***inspect*** includes the following, with or without the aid of equipment: > > > > > > > > (a) to view data or visual images embodied in any device; > > > > > > > > > (b) to listen to sounds embodied in any device; > > > > > > > > > (c) to reproduce sounds, data or visual images embodied in any device.