--(1) If a party wishes to rely on evidence at a trial which-
----(a) is not to be given orally; and
----(b) which is not contained in a witness statement,
he must disclose his intention to the other parties in accordance with this rule.
--(2) If a party fails to disclose his intention to rely on the evidence as required by this rule, the evidence may not be given.
--(3) Where a party intends to use the evidence as evidence of any fact then, except where paragraph (4), (5) or (6) apply, he must disclose his intention not later than the latest date for serving witness statements.
--(4) He must disclose the evidence at least 21 days before the hearing at which he proposes to put in the evidence, if-
----(a) there are not to be witness statements; or
----(b) he intends to put in the evidence solely in order to disprove an allegation made in a witness statement.
--(5) Where the evidence forms part of expert evidence, he must disclose his intention when the expert's report is served on the other party.
--(6) Where the evidence is being produced to the court for any reason other than as part of factual or expert evidence, he must disclose his intention at least 21 days before the hearing at which he proposes to put in the evidence.
--(7) Where a party has disclosed his intention to put in the evidence he must give every other party an opportunity to inspect it and to agree to its admission without proof.
Notes
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