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EVIDENCE ACT 2001 - SECT 191 Agreements as to facts

EVIDENCE ACT 2001 - SECT 191

Agreements as to facts

(1)  In this section,
agreed fact means a fact that the parties to a proceeding have agreed is not, for the purpose of the proceeding, to be disputed.
(2)  In a proceeding –
(a) evidence is not required to prove the existence of an agreed fact; and
(b) evidence may not be adduced to contradict or qualify an agreed fact –
unless the court gives leave.
(3)  Subsection (2) does not apply unless the agreed fact –
(a) is stated in an agreement in writing signed by the parties or by Australian legal practitioners, legal counsel or prosecutors representing the parties and adduced in evidence in the proceeding; or
(b) with the leave of the court, is stated by a party before the court with the agreement of all other parties.