Victorian Consolidated Legislation

Evidence Act 2008 - SECT 32

Attempts to revive memory in court

32. Attempts to revive memory in court



(1) A witness must not, in the course of giving evidence, use a document to
try to revive his or her memory about a fact or opinion unless the court gives
leave.

(2) Without limiting the matters that the court may take into account in
deciding whether to give leave, it is to take into account-

   (a)  whether the witness will be able to recall the fact or opinion
        adequately without using the document; and

   (b)  whether so much of the document as the witness proposes to use is, or
        is a copy of, a document that-

   (i)  was written or made by the witness when the events recorded in it were
        fresh in his or her memory; or

   (ii) was, at such a time, found by the witness to be accurate.

(3) If a witness has, while giving evidence, used a document to try to revive
his or her memory about a fact or opinion, the witness may, with the leave of
the court, read aloud, as part of his or her evidence, so much of the document
as relates to that fact or opinion.

(4) The court is, on the request of a party, to give such directions as the
court thinks fit to ensure that so much of the document as relates to the
proceeding is produced to that party.