| (1) | No party may use any document at the hearing of any action unless— |
| (a) | he or she has at least five days before the date of the hearing, delivered a notice to all other parties that he or she intends to do so, together with a copy of such document; |
| (b) | agreement has been reached at a conference that the document may be used; |
| (c) | the document has been discovered by the party intending to use the document; or |
| (d) | the Court, on conditions it may determine, permits the document to be used. |
Nothing in this subrule relieves a party of the burden of proving any document which he or she wishes to use.
| (2) | No party may, except with leave of the Court, hand in any plan, diagram, photograph or model as an exhibit unless he or she has, at least fifteen days before the hearing, delivered a notice that he or she intends to do so. The notice must— |
| (a) | be accompanied by a copy of the plan, diagram or photograph, and a tender of the model for inspection; and |
| (b) | include a request to every party to admit the exhibit within ten days of receipt of the notice. |
| (3) | If all parties who received a notice under subrule (2) fail to respond within the specified time, the plan, diagram, photograph or model may be accepted as evidence by the mere submission thereof without further proof, unless the Court orders otherwise. Should any party, within the specified time, deliver a notice that he or she refuses to admit it, then the plan, diagram, photograph or model must be proved in the ordinary manner. A party that refuses to admit may be ordered to pay the costs of proof. |
