7.5.1.3 Physical Evidence - Special Considerations

Also in this Chapter:

• 7.5.1.1 Written Evidence and Declarations
• 7.5.1.2 Oral Evidence

Note: Physical evidence should not be filed unless requested or directed by the Commissioner.

At times a party’s evidence may include exhibited physical evidence, such as a piece of machinery.  Physical articles should only be filed with the leave of the Commissioner.  It is preferred that documentary evidence is filed in respect of the article, such as a description of any relevant physical article and, where appropriate, a photograph or video recording as well as an indication of the place at which the item may be inspected.

In general, physical evidence will not be released to a party for any purpose (e.g. for testing, whether destructive or not).  However, in the absence of an agreement between the parties, the Commissioner may, on the application of a party, order inspection of the physical evidence at a place and on terms that the Commissioner considers appropriate.  

The Commissioner may also direct that the item be produced but will do so only where the she or he considers it necessary for the determination of the opposition or other proceeding.