(cf SCR Part 14, rule 2, Part 36, rule 8; DCR Part 28, rule 11; LCR Part 23, rule 4)
(1) At least 7 days before the commencement of a hearing, a party who intends to tender any plan, photograph, audio-visual recording or model at the hearing must give the other parties an opportunity to inspect it and to agree to its admission without proof.
(2) A party who fails to comply with subrule (1) may not tender the plan, photograph, audio-visual recording or model in evidence except:(a) in the case of a prescribed item-where the court is satisfied that the party had a legitimate forensic purpose for not giving the other parties an opportunity to inspect the item, or(b) in any other case-by leave of the court.
(3) This rule does not apply to any proceedings entered, or intended to be entered, in:(a) the Commercial List or the Technology and Construction List in the Supreme Court, or(b) the Commercial List or the Construction List in the District Court.
(4) In this rule:
"audio-visual recording" includes a sound recording or a record of moving images (or both) whether stored on film, audio or video tape, digitally, electronically or by any other means.
"prescribed item" means a photograph or audio-visual recording that was made or obtained in connection with the relevant proceedings, by or at the request of a party, for the purpose of testing the credibility of a witness at the hearing.