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Contents

Chapter IV

88. (1)

The provisions of this Chapter as to hearsay evidence in civil proceedings apply equally (but with any necessary modifications) in relation to a previous statement made by a person called as a witness in the proceedings.

(2)

A party who has called or intends to call a person as a witness in civil proceedings may not in those proceedings adduce evidence of a previous statement made by that person, except -

(a)

with the leave of the Court; and

(b)

for the purpose of rebutting a suggestion that his evidence had been fabricated.

This shall not be construed as preventing a witness statement (that is, a written statement of oral evidence which a party to the proceedings intends to lead! from being adopted by a witness in giving evidence or treated as his evidence.

(3)

Nothing in this Chapter affects any of the rules of law as to the circumstances in which, where a person called as a witness in civil proceedings is cross-examined on a document used by him to refresh his memory, that document may be made evidence in the proceedings.

1578

(4)

Nothing in this section shall be construed as preventing a statement of any description referred to above from being admissible by virtue of section 83 as evidence of the matters stated.

Evidence formerly admissible.

Report

Part III

Production and Effect of Evidence

Chapter IX

Chapter V

Schedules