Commonwealth Numbered Acts

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EVIDENCE ACT 1995 No. 2 of 1995 - SECT 41

Improper questions
41. (1) The court may disallow a question put to a witness in
cross-examination, or inform the witness that it need not be answered, if the
question is:

   (a)  misleading; or

   (b)  unduly annoying, harassing, intimidating, offensive, oppressive or
        repetitive.

(2) Without limiting the matters that the court may take into account for the
purposes of subsection (1), it is to take into account:

   (a)  any relevant condition or characteristic of the witness, including
        age, personality and education; and

   (b)  any mental, intellectual or physical disability to which the witness
        is or appears to be subject. 


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