New South Wales Consolidated Acts

EVIDENCE ACT 1995 - SECT 45

45 Production of documents

(1) This section applies if a party is cross-examining or has cross-examined a witness about:

(a) a prior inconsistent statement alleged to have been made by the witness that is recorded in a document, or

(b) a previous representation alleged to have been made by another person that is recorded in a document.

(2) If the court so orders or if another party so requires, the party must produce:

(a) the document, or

(b) such evidence of the contents of the document as is available to the party,

to the court or to that other party.

(3) The court may:

(a) examine a document or evidence that has been so produced, and

(b) give directions as to its use, and

(c) admit it even if it has not been tendered by a party.

(4) Subsection (3) does not permit the court to admit a document or evidence that is not admissible because of Chapter 3.

(5) The mere production of a document to a witness who is being cross-examined does not give rise to a requirement that the cross-examiner tender the document.