9Limitation of certain documents in evidence

9 Limitation of certain documents in evidence

(1)  Any plan, model, film, audio tape, disk, soundtrack or other device in which sounds, data or visual images are embodied is not receivable at the arbitrated hearing unless –

(a) the parties agree, without further proof after having been given an opportunity to inspect it –

(i) before the arbitrated hearing at a time fixed by the Tribunal; or

(ii) if no time is fixed by the Tribunal, within a reasonable period before the arbitrated hearing begins; or

(b) the Tribunal, at or before the arbitrated hearing, otherwise orders.

(2)  A party, without notice to any other party, may apply to the Tribunal for an order for evidence of any plan, model, film, audio tape, disk, soundtrack or device referred to in subregulation (1) to be received at the arbitrated hearing without prior disclosure to any other party.

(3)  An application is to be made before the arbitrated hearing.

(4)  The Tribunal may –

(a) make the order; or

(b) refuse to make the order; or

(c) direct that the application be served on any other party before making an order under paragraph (a) or (b) .