Commonwealth Numbered Acts

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EVIDENCE ACT 1995 No. 2 of 1995 - SECT 46

Leave to recall witnesses
46. (1) The court may give leave to a party to recall a witness to give
evidence about a matter raised by evidence adduced by another party, being a
matter on which the witness was not cross-examined, if the evidence concerned
has been admitted and:

   (a)  it contradicts evidence about the matter given by the witness in
        examination in chief; or

   (b)  the witness could have given evidence about the matter in examination
        in chief.

(2) A reference in this section to a matter raised by evidence adduced by
another party includes a reference to an inference drawn from, or that the
party intends to draw from, that evidence. 


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