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EVIDENCE ACT 2001 - SECT 68 Objection to tender of hearsay evidence in civil proceedings if maker available

EVIDENCE ACT 2001 - SECT 68

Objection to tender of hearsay evidence in civil proceedings if maker available

(1)  In a civil proceeding, if the notice discloses that it is not intended to call the person who made the previous representation concerned because it –
(a) would cause undue expense or undue delay; or
(b) would not be reasonably practicable –
a party, not later than 21 days after notice is given, may object to the tender of the evidence, or of a specified part of the evidence.
(2)  The objection is to be made by giving to each other party a written notice setting out the grounds on which the objection is made.
(3)  The court, on the application of a party, may determine the objection at or before the hearing.
(4)  If the objection is unreasonable, the court may order that the party objecting is to bear the costs incurred by another party –
(a) in relation to the objection; and
(b) in calling the person who made the representation to give evidence.