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EVIDENCE ACT 2001 - SECT 45 Production of document

EVIDENCE ACT 2001 - SECT 45

Production of document

(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 produced under subsection (2) ; 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 being cross-examined does not give rise to a requirement that the cross-examiner tender the document.