The Rules of the Supreme Court (Northern Ireland) (Revision) 1980

Notice of intention to give in evidence statement under section 1 or 2 of the Civil Evidence Act

19.—(1) Subject to the provisions of this rule, a party to a cause or matter who desires to give in evidence at the trial or hearing of the cause or matter any statement contained in a document which is admissible in evidence by virtue of section 1 or 2 of the Civil Evidence Act must not later than 21 days before the date of trial serve on every other party to the cause or matter notice of his desire to do so, and the notice must comply with the provisions of rule 20 or 21, as the circumstances of the case require.

(2) Paragraph (1) shall not apply in relation to any statement contained in a document which any party to a probate action desires to give in evidence at the trial of that action and which is alleged to have been made by the deceased person whose estate is the subject of the action.

(3) Where by virtue of any provision of these rules or of any order or direction of the Court the evidence in any proceedings is to be given by affidavit then paragraph (1) shall not apply in relation to any statement contained in a document which any party to the proceedings desires to have included in any affidavit to be used on his behalf in the proceedings but nothing in this paragraph shall affect the operation of Order 41, rule 5, or the powers of the Court under this Order.

(4) Unless the Court otherwise directs, paragraph 0) shall not apply in relation to any statement contained in a document which is admissible by virtue of section 1 or 2 of the Civil Evidence Act and which an applicant for judgment in default of appearance in admiralty proceedings under Order 75, rule 21, desires to give in evidence at the hearing.