![]() (5) Where an order is made under subrule (2) for the examination of a witness in respect of a matter that is or will be the subject of a pending or intended proceeding, the court may, if it considers it appropriate to do so, order the moving party to pay to any other party, in advance of the examination, any or all of the costs reasonably expected to arise for the other party from the examination and any related cross-examination or re-examination. Interim Costs, Pending or Intended Proceeding (4) Before moving for leave to examine an expert witness under subrule (2), the moving party shall serve on every other party the report of the expert witness referred to in subrule 53.03 (1) (calling expert witness at trial) unless the court orders otherwise. (e) whether the witness ought to give evidence in person at the trial and (d) the expense of bringing the person to the trial (c) the possibility that the person will be beyond the jurisdiction of the court at the time of the trial ![]() (b) the possibility that the person will be unavailable to testify at the trial by reason of death, infirmity or sickness (a) the convenience of the person whom the party seeks to examine (3) In exercising its discretion to order an examination under subrule (2), the court shall take into account, (2) A party who intends to introduce the evidence of a person at trial may, with leave of the court or the consent of the parties, examine the person on oath or affirmation before trial for the purpose of having the person’s testimony available to be tendered as evidence at the trial. 194, r. 34.19 (2).ģ6.01 (1) In this rule, “party” includes a party to a pending or intended proceeding. ![]() (2) Rule 34.18 applies, with necessary modifications, to a tape or other recording made under subrule (1). VIDEOTAPING OR OTHER RECORDING OF EXAMINATIONģ4.19 (1) On consent of the parties or by order of the court, an examination may be recorded by videotape or other similar means and the tape or other recording may be filed for the use of the court along with the transcript. Rules 34.19 and 36.01 of the Ontario Rules of Civil Procedure address how evidence should be taken in the circumstances. If you find any bugs in this program please report me at You need to enable JavaScript to run this Website.Every now and then we come across a witness may reasonably be expected to become unavailable to testify at trial by reason of incapacity, death, or absence. Please support this free service by just sharing with your friends. Select the language from the dropdown given below & click on the button (Or Enter) to get the Meaning in your language. These languages include Icelandic, Norwegian, Welsh, Georgian, Croatian, Czech, Gujarati, Macedonian, Polish, Filipino, Lithuanian, Telugu, Urdu, Japanese, Russian, Basque, Esperanto, Persian, Romanian, Estonian, Azerbaijani, Kannada, Spanish, Yiddish, Ukrainian, Hungarian, Hindi, Latin, Portuguese, Slovenian, Chinese Simplified, Chinese Traditional, Swedish, Malay, Latvian, Dutch, Indonesian, Catalan, Danish, Greek, Slovak, Belarusian, Galician, Afrikaans, Serbian, Malayalam, Bulgarian, Swahili, Vietnamese, Korean, Hebrew, French, Haitian Creole, Turkish, German, Italian, Arabic, Maltese, Albanian, Tamil, Thai, Irish, Bengali, Finnish etc. It's a free Multilanguage dictionary with many languages around the World.
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