Supreme Court Rules 2000

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.

Subject to any direction given under subrule (1) – if the burden of proof on any question lies on the plaintiff or applicant, that party is to begin; and if the burden of proof on any question lies on the defendant or respondent, that party is to begin.

Subject to any direction given under subrule (1) – 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), (5) and (6); and in any other case, the order of evidence and addresses is to be as provided by subrules (4), (5) and (6) with any necessary modifications.

The party beginning may make an address opening the case and may then adduce evidence.

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 – the opposite party adduces evidence – the opposite party may first make an opening address; and the opposite party, after adducing evidence, may make a closing address; and after that closing address, the party who began may make a closing address; or the opposite party does not adduce evidence – the party who began may make a closing address; and after that closing address, the opposite party may make a closing address.

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 – the opposite party adduces evidence – the opposite party may first make an opening address; and the opposite party, after adducing evidence, may make a closing address; and after that closing address, the party who began may make a closing address; or the opposite party does not adduce evidence – the opposite party may make a closing address; and after that closing address, the party who began may make a closing address.