569Order of evidence and addresses

### 569 Order of evidence and addresses > > (1)  The Court or a judge may give directions as to the order of evidence and addresses and generally as to the conduct of the trial of any action, proceeding or issue. > > > (2)  Subject to any direction given under [subrule (1)](#GS569@Gs1@EN)  – > > > > > > (a) if the burden of proof on any question lies on the plaintiff or applicant, that party is to begin; and > > > > > > > (b) if the burden of proof on any question lies on the defendant or respondent, that party is to begin. > > > (3)  Subject to any direction given under [subrule (1)](#GS569@Gs1@EN)  – > > > > > > (a) if the only parties are one plaintiff or applicant and one defendant or respondent, and there is no counterclaim, the order of evidence and addresses is to be as provided by [subrules (4)](#GS569@Gs4@EN) , [(5)](#GS569@Gs5@EN) and [(6)](#GS569@Gs6@EN) ; and > > > > > > > (b) in any other case, the order of evidence and addresses is to be as provided by [subrules (4)](#GS569@Gs4@EN) , [(5)](#GS569@Gs5@EN) and [(6)](#GS569@Gs6@EN) with any necessary modifications. > > > (4)  The party beginning may make an address opening the case and may then adduce evidence. > > > (5)  If, in the course of the case of the party who begins, no document or thing tendered by the opposite party is admitted in evidence, and at the conclusion of that case – > > > > > > (a) the opposite party adduces evidence – > > > > > > > > > > (i) the opposite party may first make an opening address; and > > > > > > > > > > > (ii) the opposite party, after adducing evidence, may make a closing address; and > > > > > > > > > > > (iii) after that closing address, the party who began may make a closing address; or > > > > > > > (b) the opposite party does not adduce evidence – > > > > > > > > > > (i) the party who began may make a closing address; and > > > > > > > > > > > (ii) after that closing address, the opposite party may make a closing address. > > > (6)  If, in the course of the case of the party who begins, any document or thing tendered by the opposite party is admitted in evidence, and at the conclusion of that case – > > > > > > (a) the opposite party adduces evidence – > > > > > > > > > > (i) the opposite party may first make an opening address; and > > > > > > > > > > > (ii) the opposite party, after adducing evidence, may make a closing address; and > > > > > > > > > > > (iii) after that closing address, the party who began may make a closing address; or > > > > > > > (b) the opposite party does not adduce evidence – > > > > > > > > > > (i) the opposite party may make a closing address; and > > > > > > > > > > > (ii) after that closing address, the party who began may make a closing address.