Order of evidence and addresses
49.01 Order of evidence and addresses
The Court may give directions as to the order of evidence and addresses and generally as to the conduct of the hearing.
Subject to any direction given under paragraph (1)—
if the burden of proof on any question lies on the plaintiff, the plaintiff must begin;
if the burden of proof on all the questions lies on the defendant, the defendant must begin.
Subject to any direction given under paragraph (1)—
if the only parties are one plaintiff and one defendant, and there is no counterclaim, the order of evidence and addresses must be as provided by the following paragraphs of this Rule; and
in any other case, the order of evidence and addresses must be as provided by those paragraphs with such modifications as the nature of the case requires.
The party who begins may make an address opening the party's case and may then adduce that party's evidence.
If, in the course of the case for the party who begins, no document or thing is admitted in evidence on tender by the opposite party, and at the conclusion of that case—
the opposite party adduces evidence, the opposite party may first make an opening address and after adducing that party's evidence, the opposite party may make a closing address and thereafter the party who began may make a closing address;
the opposite party does not adduce evidence, the party who began may make a closing address and then the opposite party may make an address.
If, in the course of the case for the party who begins, any document or thing is admitted in evidence on tender by the opposite party, and at the conclusion of that case—
the opposite party adduces evidence, the order of proceedings must be as provided by paragraph (5)(a);
the opposite party does not adduce evidence, the opposite party may make an address and then the party who began may make a closing address.
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