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EVIDENCE ACT 2001 - SECT 97 Tendency rule

EVIDENCE ACT 2001 - SECT 97

Tendency rule

(1)  Evidence of the character, reputation or conduct of a person, or a tendency that a person has or had, is not admissible to prove that a person has or had a tendency (whether because of the person's character or otherwise) to act in a particular way, or to have a particular state of mind unless –
(a) the party seeking to adduce the evidence gave reasonable notice in writing to each other party of the party's intention to adduce the evidence; and
(b) the court thinks that the evidence will, either by itself or having regard to other evidence adduced or to be adduced by the party seeking to adduce the evidence, have significant probative value.
(2)  Subsection (1)(a) does not apply if –
(a) the evidence is adduced in accordance with any directions made by the court under section 100 ; or
(b) the evidence is adduced to explain or contradict tendency evidence adduced by another party.