31.10   Plans, photographs and models

(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 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 or model in evidence except 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.